Agreement and Disclosure Statement


Mortgage Account Management Center
Agreement and Disclosure Statement

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Please read this Mortgage Account Management Center Agreement (this "Agreement"). It contains important information about the Mortgage Account Management Center Services (the "Services"). If you have a printer, you should print a copy of this Agreement for your future reference. If you do not have a printer, you may obtain a copy by contacting us at the locations listed in Section A below.

When you use the Services (as defined in Section 3 below) or you permit any other person to use the Services, you agree to the terms and conditions we have set out in this Agreement and any instructional material which we provide you or make available to you on our boh.com website regarding the Services. Your use of the Services may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and your acceptance of the electronic communications which we establish from time to time. All electronic communications that meet our requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you agree not to contest the validity of the original copies unless you have proof of altered data or tampering.

By accepting this Agreement, you agree with us that we may change the terms and provisions of this Agreement, including but not limited to the amount of the fees and charges and Services provided in the future. Such notices will be sent to you in the U.S. mail.

A. How to Contact Us. If you believe that your Security Code has been lost or stolen

In Hawaii, U.S. Mainland, American Samoa and Canada: Call our 24-Hour Mortgage Loan Servicing Department toll-free at 1-888-643-3888, at the main menu press 81. If you require the use of a telephone for the hearing impaired (TDD), dial 1-888-643-9888. Or write us at Bank of Hawaii, Mortgage Loan Servicing Department, P.O. Box 3650, Honolulu, Hawaii 96811-3650.

In Guam, Palau and Saipan: Call our 24-Hour Mortgage Loan Servicing Department toll-free at 1-877-553-2424, at the main menu press 81. Or write us at Bank of Hawaii, Mortgage Loan Servicing Department, P.O. Box 3650 Honolulu, Hawaii 96811-3650.

While outside of these areas, you can call the Mortgage Loan Servicing Department toll-free by dialing the AT&T direct access number then 1-888-643-3888, at the main menu press 81.

B. About this Agreement

Scope

1. AVAILABILITY OF PRODUCTS AND SERVICES. The Services described in this Agreement may not be available to all customers, or available in all areas that Bank of Hawaii serves. Please consult Mortgage Loan Servicing Department for more information.

2. To make this Agreement easier to read, we gave the following words and phases specific meanings.

An "Account" is a residential mortgage loan serviced by Bank of Hawaii.

Our "Business Days" are Monday through Friday, except U.S. federal holidays.

A "Computer" is a personal computer, personal digital assistant, wireless devices, such as cellular telephones, or any other device which is compatible with and supported by our Services. This includes a modem or other telecommunications equipment necessary to connect to the Service being used.

A "Consumer" is an individual who maintains Accounts and uses the Services for personal, family and household purposes.

"Designated Accounts" are all of your accounts you designate for use with the Services.

Your "Security Codes" are the user names and passwords and any other secret code issued by us in the future for use with the Services to access your Account.

"Services" are the Mortgage Account Management Center Services described later in this Agreement.

"You" or "your" refer to everyone who owns or is authorized to do transactions on a Designated Account. "You" and "your" also mean anyone who has received or uses Security Codes.

"We", "us" or "our" refer to Bank of Hawaii.

3. THE MORTGAGE ACCOUNT MANAGEMENT CENTER SERVICE. You may use a Computer with the Service to access loan information about your account, e.g., loan activity (past 2 years, up to 50 transactions), information about your escrow, mortgage insurance, taxes and interest, year-end statements, requests for copies of loan documents, to view mortgage statement online, to make one time draft payment and to use a calculator tool for payment information.

4. INTERNET SOFTWARE. You are responsible for obtaining and maintaining an Internet service and properly loading the necessary software onto your Computer to ensure proper access to the Service. Necessary software includes a web browser program, such as Netscape Navigator® and Microsoft Explorer®, which supports Secure Sockets Layer technology and 128-bit encryption. The current software and other Computer requirements necessary to access the Services are located at https://www.boh.com/ebankoh/tips/791_825.asp

5. E-MAIL HELP. You may send your questions about the Service to us at the email address displayed on the Mortgage Account Management Center website. E-mail is generated and received using the software on your Computer, and is not automatically encrypted or secured by us. E-mail should not be used if you discover an Account error, or if you believe someone else may have access to your Security Codes. In those situations, contact us at the address or telephone number listed in Section A.

6. SECURITY CODES.

(a) Access to Services will be blocked if incorrect Security Codes are repeatedly entered. If this occurs, please telephone us at the Mortgage Loan Servicing Department number listed in Section A for assistance.
(b) The Service allows you to change your Security Codes on-line. We strongly recommend that you change your Security Code often. If you forget your Security Code, you must contact us and we will issue you a new Security Code.
(c) You agree not to give your Security Code, or make it available, to any person who is not authorized on your Accounts.

7. MORTGAGE ACCOUNT MANAGEMENT CENTER LIMITATION OF LIABILITY. Except as otherwise expressly provided for in this Agreement or by applicable law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special, consequential, exemplary, economic or otherwise, caused by the Services or the use of Services. This specifically includes such losses arising in any way out of the installation, use or maintenance of software on your Computer; the Computer hardware; the availability or quality of your telephone or internet connection to the Services; interception of data between your Computer and the Services or otherwise caused by any software, hardware or telecommunications service providers or their agents or subcontractors. We are not responsible for any home banking, personal financial management software, account aggregation services, or other products or services which you use with the Services data unless we provide them to you. We also are not responsible for any damage to your Computer, software, modem, telephone or other property resulting from your installation, use or maintenance of hardware or software, or from viruses, worms, trojan horses, malware, spyware, or other harmful components that may enter your Computer from your connection to the internet.

8. STATEMENTS. Information made by use of the Services during a particular month will appear on the periodic statement for Designated Accounts (if any). If there are discrepancies between your account statements and any other statements and transaction registers obtained through the Services, you should contact us at the telephone number or address in Section A.

9. YOUR SECURITY CODE. You are responsible for the confidentiality and use of your Security Code. If you disclose your Security Code to someone, you are authorizing him or her to access your Designated Accounts and to do anything that you could do at any time.

10. DISCLOSURE OF INFORMATION.

(a) By enrolling for this Service, you authorize us to verify the information it contains. If you agree as part of this Agreement, we may receive and exchange information about you, both now and in the future.
(b) Please refer to our Privacy Statement for additional information about our responsibility to protect the privacy of your personal financial information.

11. RECORDING OF COMMUNICATIONS. When you use a Computer to access the Services or otherwise communicate with us, information you enter or speak may be recorded for confirmation or quality assurance purposes. By using the Services, you consent to such recording.

12. SERVICE EQUIPMENT. You are responsible for obtaining, installing, maintaining, and operating any telephone, Computer and other electronic and telecommunication devices you use in connection with the Services. We will not be responsible for any errors or failures from the malfunction or failure of the electronic and telecommunication equipment you use to access the Services.

13. SERVICE OUTAGES. Although the Services are usually available 24 hours a day, 7 days a week, at certain times such as during maintenance periods, some or all of the Services may not be available.

14. EXCLUSIONS OF WARRANTIES, YOU AGREE THAT WE ARE PROVIDING THE SERVICES ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

15. ENDING THIS AGREEMENT.

(a) You may terminate this Agreement and your use of this service at any time by calling us or writing to us at the telephone number or address in Section A. If you terminate your use of the Services, you agree to provide us with ten (10) Business Days prior written notice.
(b) We may terminate this Agreement, your use of the Services at any time for any reason without prior notice. Your access to the Services may, for example, be terminated if your Accounts are closed for any reason, or we believe your Accounts and/or the Services are being used improperly or illegally.

16. CHANGING THIS AGREEMENT. We may change or add to the terms and conditions of this Agreement, including but not limited to adding additional services, features and fees, and make changes or additions to the Services at any time by notifying you of the change by sending you a notice by U.S. Mail, sending a notice to your e-mail address, or by posting the changed terms on the Services, or any other means permitted by applicable law. If you do not agree to the change or amendment, you must notify us prior to the effective date of the change or amendment, and cancel your use of the Services. By using the Services after the effective date of any amendment, change or addition to this Agreement or the Services, you agree to that amendment, change or addition.

17. NOTICES. All notices from us will be effective when we have mailed them or delivered them to the last address that we have for you in our records. Notices from you will generally be effective once we receive them at the appropriate address specified in Section A. If more than one person enrolled for this Service, notice to or from one of the individuals will be effective for everybody who signed it.

18. ASSIGNMENT. You may not assign your rights or obligations under this Agreement to any other person. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any affiliate or third party.

19. WAIVER. No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.

20. CREDIT REPORTING. If you believe that we may have reported inaccurate information about your Designated Account, write to your branch of account whose address is provided on the front of your Designated Account Statement or call our 24-Hour Mortgage Loan Servicing Department (numbers provided in Section A). Please include an identification of the information and why you feel it is inaccurate.

21. SEVERABILITY. If any provision of this Agreement is determined to be void or invalid, the remainder of this Agreement, as the case may be, shall remain in full force and effect.

22. WAIVER OF JURY TRIAL. You and we each waiver our respective rights to a trial before a jury in connection with any disputes related to your Accounts and the Services. This includes any claims by us or by you, claims brought by you as a class representative on behalf of others and claims by a class representative on your behalf as a class member (so-called “class action” suits).

23. GOVERNING LAW. You acknowledge and agree that this Agreement was created in the State of Hawaii. Therefore, except as previously agreed to in the Account Agreements, this Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. If any term of this Agreement cannot legally be enforced, this Agreement is to be considered changed to the extent necessary to comply with the law.

24. INDEMNIFICATION. With respect to all claims of third parties, you agree to reimburse and indemnify us or, and hold us harmless against any loss, liability, claim or controversy of any kind arising out of or in connection with the performance by us of our duties and obligations under this Agreement, as well as the costs and expenses (including but not limited to reasonable attorneys’ fees), of defending against any claim or liability arising out of or relating to this Agreement; provided, however, that your responsibility to reimburse and indemnify us shall not apply when we have failed to act in accordance with the reasonable commercial standards of the banking industry.



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