Text and Chat Messaging Program Terms and Conditions

StonehamBank (“the Bank”, “we”, or “us) operates a Text and Chat messaging program (the “Program”) subject to these Text and Chat Messaging Program Terms and Conditions (the “Messaging Terms”).  The Program and our collection and use of your personal information is also subject to our Privacy Disclosure - StonehamBank.  By enrolling, signing up, using, or otherwise agreeing to participate in the Program, you accept and agree to these Messaging Terms and our Privacy Disclosure - StonehamBank.  As a user of the Program, you agree to the following Messaging Terms.  If you do not agree with these Messaging Terms, then you should not use the Program.

1.  Program Description:  We may send you promotional messages to advertise and promote StonehamBank products and services and transactional messages related to an existing or ongoing transaction.  Messages may be delivered in various formats through the Program.  Messages may be sent using an automated technology, including an auto dialer, automated system, or automatic telephone dialing system.   You agree that we may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers. We do not charge for messages sent through the Program, but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts. 

2. User Opt-In: By initiating a chat communication or by providing your mobile phone number to us, you are voluntarily providing consent to opt-in to the Program, and you agree to receive recurring messages from us, to include at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list.  You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user.   If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at info@stonehambank.com.   Your participation in the Program is completely voluntary. 

3. User Opt-Out and Support:  You may opt-out of the Program at any time.  If you wish to opt-out of the Program and stop receiving messages from us, or you no longer agree to these Messaging Terms, reply STOP, and/or STOPALL to any messages from us.  You may continue to receive messages for a short period while we process your request, and you may receive a one-time opt-out confirmation message.  You understand and agree that the foregoing is the only method of opting out.  Our messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Messaging Terms.  We may also change the telephone number we use to operate the Program and we will notify you of any such change.  You acknowledge that any requests sent to a telephone number that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number that has been changed. 
4.  Security:   Text messages are not encrypted.  DO NOT ATTEMPT TO SEND CONFIDENTIAL OR SENSITIVE INFORMATION VIA TEXT MESSAGING.  StonehamBank will never ask that you send us sensitive information via text message.  If you receive a text message purported to be from StonehamBank and requesting sensitive information, please do not respond and contact StonehamBank immediately by phone at 888-402-2265 Option 0 during regular business hours.  Requests for personal information in the text messages is provided on an “AS IS, “and “AS AVAILABLE” basis.  StonehamBank will not be responsible for any loss or damage that could result from the interception or misuse of any information by third parties or undelivered text messages.
    

StonehamBank may send you text messages containing HTTPS links to exchange sensitive or non-public information online to https://securelink.stonehambank.com/ website.  This link will open a website using the browser and contains a “lock” icon to denote the encrypted connection.   Always verify the spelling of the web address before you open any links. 

5.  Privacy:  
   1. You agree that you will use only a secure internet connection in a location where your privacy will be protected, and that it is your responsibility to ensure the protection of your information, and to ensure that your connection to the internet is safe, and that your device is free from malicious software. 
   2. You understand that StonehamBank may offer the ability to “co-browse” on your device.  StonehamBank will have access to see your device only if you provide express consent.  StonehamBank will have control of the window being shared only if you provide express consent.
   3. You agree that StonehamBank may record any and all video, audio, text and chat for internal purposes.  Control of this feature is solely available to StonehamBank.   You agree that you are prohibited from recording, downloading, screenshotting, or otherwise capturing messaging conversations.
   4. Our third-party Text and Chat Messaging service-provider, Eltropy, Inc., including it’s employees, agents, affiliates, representatives, suppliers, licensors, and third-party service providers (collectively referred to herein as Eltropy), may access and use data included in your communications with us, for the purposes of monitoring the services for technical performance, to respond to service or technical problems, to plan for service upgrades or enhancements, and as otherwise stated in Eltropy’s Privacy Policy. A copy of Eltropy's Privacy Policy can be accessed by clicking the following link: https://eltropy.com/privacy-policy/ .
   5. In addition, Eltropy has the right use, store, copy, transmit, modify, create, derivative works of, sublicense and display any and all data that you transmit through he Program to StonehamBank, in order to provide the services necessary to operate the Program, including, but not limited to, to respond to service or technical problems, as otherwise stated in Eltropy’s Privacy Policy, or otherwise at StonehamBank’s direction or request. 
   6. Also, Eltropy many monitor the Program electronically and access and disclose any information as permitted or required by any law or regulation, to operate the program properly, or to protect itself or other customers.
   7. By using the Program, you affirmatively consent to Eltropy’s monitoring, including monitoring in real-time of any information that you transmit through the Program to StonehamBank.
   8. By using the Program, you grant StonehamBank all right, power, and authority necessary for, and you consent to, the collection, transmission, use, and processing, as described herein, of any and all data that you transmit through the Program to StonehamBank.
   9. By using the Program, you consent to sending and receiving of text messages.
   10. The Program allows the Bank to check Your identification by allowing You to upload a photograph of your driver’s license, or other form of identification, to the Messaging platform.  If you choose to upload a photograph of your identification to the Messaging platform, then you agree that the Bank may save a copy of the photograph of your identification in its computer system.
   11. You will notify StonehamBank immediately of any unauthorized use of your password related to the Program.
   12. StonehamBank will own all right, title, and interest in any to any and all information that you submit to StonehamBank by using the Program.

6. Code of Conduct:  
   1. While messaging with representatives from StonehamBank you will engage in a manner that is professional and courteous.  You will not use language or gestures that are intended to harm, threaten, demean, offend, or that may otherwise be deemed inappropriate or abusive.  You understand and agree that using such actions can result in a ban from the Program.
   2. You will use the Program only for lawful purposes, in compliance with all applicable laws.
   3. You will not access, post, or transmit any Prohibited Content on or through the Program. Prohibited Content means: (i) content that violates the law; (ii) content that infringes or misappropriates the rights of any third party, including any patent, copyright, trade secrets, proprietary right, or rights of privacy or publicity; (iii) content that is used in violation of any license granted by the owner of such content; (iv) content or information impersonating another person or entity and (v) content that has been collected, processed, or provided to StonehamBank or to Eltropy in violation of applicable U.S. or foreign law or regulations, including applicable data protection legislation or commitments.
   4. You will not post or transmit any health record or health information on or through the Program.
   5. You will not use or distribute any tools designed for compromising security, including password guessing programs, cracking tools, or network probing tools.  If you violate this provision, then Eltropy has the right to release identification information related to such violation to systems administrators at other service environments in order to assist them in resolving security incidents.
   6. You will not remove or export from the United States or allow the export or re-export of the Program or anything related thereto, or any direct product thereof in violation of any applicable restrictions, laws, or regulations.

7. Withdrawals:  You agree that if you initiate a withdrawal via Secure Messaging Program, such withdrawal will be completed in the form of a mailed check, such check will only be made out to the customer from whose account the funds are withdrawn, and that such check will only be mailed to the address listed in the records of the Bank for such account. 

8. Age Requirement:  Please note that to use this service, you must be 13 years of age or older.  We reserve the right to require you to prove that you are 13 years of age or older. 

9. Required Signatures:  If multiple parties are involved in a transaction, then the presence of all parties, and signatures by all parties are required.

10. Hold Harmless: You will not use the Program while driving or operating machinery, and you understand and agree that all risks, injury, and harm associated with doing so are NOT the responsibility of StonehamBank, it’s officers, Board of Directors, employees, agents, and any other person acting on its behalf, or under its control or supervision, from and against any claim of injury or damage to person or property, or any other claim, including reasonable attorneys’ fees, arising directly or indirectly out of your use of the Program.

11. Violation:  If you violate these Messaging Terms, them the representative may terminate the conversation, and you will not be allowed to receive services from StonehamBank through the Program.  In the event that you violate the Messaging Terms, StonehamBank, to the extent permitted by law, will not be liable for any resulting losses, claims, or damages. 

12. Indemnification: You will indemnify StonehamBank should it incur any costs or sustain any damages, including reasonable attorneys’ fees and costs, caused by your failure to comply with these Messaging Terms.  StonehamBank will operate in good faith while evaluating potential violations of these Messaging Terms but will not accept any liability from your failure to read, understand, or follow these Messaging Terms.

13. Disclaimer of Warranty and Liability:  The Program is offered on an “as-is” and “as available” basis and may not be available in all areas, at all times, or on all mobile providers.  You agree that the Bank will not be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.  StonehamBank assumes no responsibility or liability for any errors, omissions, or inaccuracies in the content of our website, or of the Program.  The information provided by StonehamBank is for general informational purposes only. 

14. Modifications:   We may modify or cancel the Program or any of its features at any time, with or without notice.  To the extent permitted by applicable law, we may also modify these Messaging Terms at any time.  Any such modification will take effect when it is posted to our website.  You agree to review these Messaging Terms periodically to ensure that you are aware of any modifications.   Your continued participation in the Program will constitute your acceptance of those modifications. 

15. Entire Agreement and Successors in Interest:  These Messaging Terms contain the entire agreement between the Parties hereto with regard to the matters set forth herein and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of each.

16. Headings: Headings throughout these Messaging Terms are for convenience of reference only and shall not constitute a part of these Messaging Terms, and they shall not affect these Messaging Terms’ meaning, construction, or effect. 

17. Account Terms: If you are a StonehamBank customer, then by using the Program you agree, and you have previously agreed, to the terms and conditions that apply to your existing or new account(s) with StonehamBank.  In the event of any inconsistency between these Text and Chat Messaging Program Terms and such account terms and conditions, then the terms and conditions that apply to your existing or new account(s) with StonehamBank shall control. 

18. Place of Making Agreement:  Unless prohibited by law, these Messaging Terms will be deemed to have been accepted by you at Our home office in Middlesex County, Massachusetts.  The Program may be accessed by you in other states or places, but all such access will be deemed to have been made at Our home office in Middlesex County, Massachusetts. 

19. Class Action Waiver:  Unless you are a Covered Borrower under the Military Lending Act, and unless otherwise prohibited by law, in any action, proceeding, or claim of any kind arising out of or relating to these Messaging Terms or the Program, or any document or agreement delivered, or which may in the future be delivered in connection herewith, you knowingly, intentionally, and voluntarily, waive any right to participate in any class action, whether as a member of the class or class representative.

20. Waiver of Jury Trial: YOU AND WE UNDERTAND THAT YOU AND WE MAY HAVE A RIGHT TO A JURY TRIAL AS TO CERTAIN CLAIMS THAT COULD ARISE BETWEEN US.  IN THE EVENT OF ANY LITIGATION RELATED TO THESE MESSAGING TERMS, OR THE PROGRAM, YOU AND WE HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THAT YOU OR WE MAY HAVE TO A JURY TRIAL.

21. Prevailing Party Attorneys’ Fees Provision:  In any action of any kind relating to these Messaging Terms, or the Program, the prevailing party will be entitled to collect reasonable attorneys’ fees and costs from the non-prevailing party, in addition to any other recovery to which the prevailing party may be entitled.

22. Severability:  Should any portion, paragraph, provision, or clause in these Messaging Terms be found to be ineffective, invalid, or unenforceable for any reason, the remainder of these Messaging Terms will remain valid and enforceable.

23. Governing Law and Forum Selection Clause: These Messaging Terms will be construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts.  Any action, proceeding, or claim of any kind relating to these Messaging Terms, the Program, or any aspect of our business relationship, will be filed and maintained only in a Court of competent jurisdiction located in Middlesex County, Massachusetts.

24. Amendment:  We have the right to amend these Messaging Terms, and We will notify you of revisions as required by law.

Terms of Use

Video Terms of Use

These terms of use govern the use of StonehamBank’s video banking service. The words “I,” “me” and “my” refer to the StonehamBank customer agreeing to these terms of use. The term “StonehamBank representative” includes any employee, officer, director, agent or affiliate of StonehamBank. As a condition of being granted access to and use of StonehamBank’s video banking service, by clicking “I agree” below, I hereby agree to the following terms of use: 

• I acknowledge that I have read these terms of use. 
• I acknowledge and agree that these terms of use are in addition to the terms and conditions that apply to my existing or new account(s) with StonehamBank, which are set out in the account agreement governing each such account, including all disclosures provided to me at the time that I open each such account. I agree that I remain subject to the terms and conditions of such existing or new account agreement(s) with StonehamBank and that these terms of use do not amend or supersede any such account agreement(s). 
• I acknowledge and agree that my use of StonehamBank’s video banking service may be subject to the terms and conditions of my existing or new agreements with unaffiliated service providers, including, but not limited to, my internet service provider or mobile service carrier or provider. I understand that those agreements may provide for fees, limitations and restrictions which might impact my use of StonehamBank’s video banking service (for example, my internet service provider or mobile service carrier or provider may impose data usage limitations or charges that apply to my use of StonehamBank’s video banking service), and I agree to be solely responsible for all such fees, limitations and restrictions. I agree that only my internet service provider or mobile service carrier or provider, as applicable, is responsible for its products and services. Accordingly, I agree to resolve any problems with my internet service provider or mobile service carrier or provider directly with my carrier or provider without involving StonehamBank. 
• I will act and engage in a manner that is professional and courteous while on video with StonehamBank representatives, including without limitation any employee, agent or affiliate of . 
• I will not use language or gestures that are intended to harm, harass, intimidate, threaten, discriminate or demean while on video with StonehamBank representatives. I understand that such actions can result in me being banned from StonehamBank’s video banking service. 
• When using StonehamBank’s video banking service, I will be dressed in a way that would be appropriate for entering a physical branch of StonehamBank. 
• I will not use this service while driving, or operating any other vehicle or heavy machinery, and I understand that all risks, injury and harm associated with my doing so are NOT the responsibility of StonehamBank.
• If multiple parties are involved in servicing my requests such as for account opening or maintenance—and if signatures are required, I understand that all involved parties must be present on the video banking session with StonehamBank representatives. 
• If I request certain services during my video banking session—such as transferring funds between my accounts, making loan payments from accounts with StonehamBank to loans with StonehamBank, and getting information about my account(s)—I agree that StonehamBank may, in its sole discretion, require that I confirm my identity using one or more security methods, including but not limited to the use of a previously agreed upon security question or code word, or one or more pieces of identifying information on record with StonehamBank.
• I agree that StonehamBank may, in its sole discretion, record all or any part of my video banking session, and that such a recording may be used to verify any instructions I give, service(s) I request, or information I provide during the video banking session.
• I understand that the video banking service allows me to initiate a co-browsing session with a StonehamBank employee, whereby the StonehamBank employee would be able to see whatever is visible to me in the web browser I am using for the video banking service. If I consent to allow a co-browsing session with a StonehamBank employee, then I agree to allow him or her to view whatever is visible on my screen. StonehamBank representatives will not utilize co-browsing sessions. 
• I agree that these terms of use and all communication using StonehamBank’s video banking service are and will be in the English language. I agree that StonehamBank is not responsible for translating any communication to me into any other language, or for translating any communication from me from any other language into English, and that StonehamBank is not responsible for the accuracy of any third party who provides translation services.
• I understand that if I fail to comply with these terms of use, the StonehamBank representative with whom I am speaking may terminate my video banking session. Any service I have requested during the video banking session may be cancelled without completion, and I may not be allowed to use StonehamBank’s video banking service in the future.
• I understand that StonehamBank’s video banking service will not work unless I use it properly. I accept responsibility for making sure that I understand how to use the video banking service before using it, and that I always use the video banking service in accordance with any online instructions that may be delivered to me. I also accept responsibility for making sure that I know how to properly use the internet device I am using to access StonehamBank’s video banking service. I agree that, from time to time, StonehamBank may change, upgrade, or add new features to the video banking service. In the event of such changes, I am responsible for making sure that I understand how to use the updated or changed version of the video banking service. I agree that StonehamBank will not be liable to me for any losses caused by my failure to properly use StonehamBank’s video banking service or my internet device.
• StonehamBank representatives will be available for introductions only through video banking service. After the initial introduction, all future business with StonehamBank will be conducted on separate platforms. 
• DISCLAIMER OF WARRANTY. I UNDERSTAND THAT STONEHAMBANK’S VIDEO BANKING SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. I UNDERSTAND THAT NO WARRANTY IS PROVIDED THAT THE VIDEO BANKING SERVICE WILL BE FREE FROM DEFECTS OR MALWARE OR THAT OPERATION OF THE VIDEO BANKING SERVICE WILL BE UNINTERRUPTED. I AGREE THAT MY USE OF STONEHAMBANK’S VIDEO BANKING SERVICE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO ME THROUGH THE VIDEO BANKING SERVICE IS AT MY OWN DISCRETION AND RISK, AND I AM SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
• LIMITATIONS OF WARRANTY. I AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STONEHAMBANK, ANY OF ITS CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF MY USE OR INABILITY TO USE STONEHAMBANK’S VIDEO BANKING SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. I AGREE THAT, IN ANY CASE, LIABILITY OF STONEHAMBANK OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF MY USE OR INABILITY TO USE THE VIDEO BANKING SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY ME FOR THE USE OF THE VIDEO BANKING SERVICE.
• I agree that StonehamBank reserves the right to modify these terms of use at any time, effective upon publication of any such modified terms of use on this website, without prior notice to me. I agree that my use of StonehamBank’s video banking service, subsequent to such publication of any modification constitutes my agreement to any such modification to these terms of use.

StonehamBank representatives will operate in good faith, and use just cause while evaluating potential abuse, but StonehamBank and StonehamBank representatives will not accept any liability from my failure to read, understand, or follow the above-mentioned terms.