TRUST ONLINE
AGREEMENT & DISCLOSURE
This Agreement and Disclosure (“Agreement”) contains terms and conditions governing Frost Trust Online Service.
I understand that by using the Frost Trust Online Service, I agree to the terms and conditions of this Agreement. If I do
not agree to the terms and conditions of this Agreement, I will not access or use the Frost Trust Online Service in any
manner whatsoever.
I understand I should keep a copy of this Agreement and refer to it for help in answering questions about the Frost
Trust Online Service.
I understand that you reserve the right to change this Agreement at any time. You will notify me of any changes to
this Agreement by regular U.S. postal mail or by electronic mail (“e-mail”). You are not responsible if you send such
notification and I have changed my mailing address or Internet e-mail address and not informed you of the change.
I can review the most current version of this Agreement at any time at www.frostbank.com. By using the Service
after the effective date of a change to this Agreement, I will have indicated my agreement with the change.
I .
G E N E R A L
D E S C R I P T I O N
O F
T H E
S E R V I C E
A. Definition of Terms.
As used in this Agreement, the following defined terms shall apply:
“Business Day(s)” means any day excluding Saturday, Sunday, and legal Bank holidays.
“CST/CDT” means Central Standard Time/Central Daylight Time.
“I,” “me,” and “my” refer to the person, or in the case of a business, the business entity, who has applied to use the
Service and each person who uses the Service with the permission of such person or business entity.
“Service” means the Frost Trust Online Service.
“You,” “Your,” and “Bank” refer to Frost Bank, a Texas state bank, which holds the account(s) accessed by the Service
and which provides the Service pursuant to this Agreement.
B. Definition of Service.
Frost Trust Online Service (the “Service”) is a service that permits me, through the use of the Internet and my personal
computer, to retrieve account information about my account(s), and related investments and transaction activity. The
Service will allow me to view an Account Summary with a graphic pie chart that includes portfolio percent and asset
allocation information; an Account Profile; Investment Detail (securities holdings); and Activity Detail (transactions).
The term “my account” as used in this Agreement shall refer to my own Frost trust account or my client(s)’ Frost
trust account for which my client has designated me as a Selected Investment Agent. I will not use the Service to
view any accounts other than my own, or those accounts for which the owner has designated me as a Selected
Investment Agent.
The Service will also allow me to e-mail my account administrator(s) through the Internet, which is NOT a secure
environment.
I understand that you may modify or discontinue the Service at any time.
C. Prerequisites.
As a prerequisite for accessing the Trust Online site, I must obtain access to the Internet via an Internet Service
Provider("ISP") of my choice at my own expense. As standards change, I may need to upgrade existing hardware or
software in order to continue to access Trust Online. I must use a minimum of Internet Explorer 6.0/Safari 3.2/Firefox
3.0.4 that supports adequate security measures including the use of Secure Socket Layer (SSL) encryption technology.
My computer screen display (Control Panel, Settings, Display) must be set to 1024x768, or higher for optimal viewing
of Trust Online pages. The display font size should be set to "Small Fonts". Browser font size should be set to set to
"Medium" for all browsers.
I understand that I am responsible at my expense for the procurement, installation, maintenance, and operation of
any necessary equipment to access the Site. The Bank is not responsible for any errors or failures of my equipment.
As with all uses of the Internet, I understand I should use anti-virus software when accessing the Site. I agree the Bank
is not responsible for any computer virus or related problems that may be associated with my use of the Trust
Online site.
I I .
D E T A I L E D
D E S C R I P T I O N
O F
T H E
S E R V I C E
A. Service Availability and Account Access.
I may use the Service almost any time day or night, seven (7) days a week. The Service will be temporarily unavailable
from time to time for scheduled maintenance. Scheduled updates occur from 6 a.m. to 8 a.m. CST/CDT on Sunday.
There may also be unscheduled down time, but you will attempt to minimize interruptions in service. I understand and
agree that the Bank is not responsible for my inability to access the Service for reasons beyond its control, including,
but not limited to:
• My use of incompatible and/or deficient hardware, software, modem, operating system, communications, or any other
component.
• Connectivity difficulties resulting from telephone communications, my Internet Service Provider, my modem,
my computer, or telephone volume or traffic levels resulting in slow or no response time or incomplete data
transmission.
• Problems associated with Internet browsing software such as plug-in components, helper applications, enhancements,
upgrades, and add-ons.
I understand and agree that you assume no liability or responsibility for my inability to access the Service for
any reason.
I will provide you with an initial user name (“User Name”) and you will provide me with an initial password
(“Password”). When I access the Service for the first time, I will change this issued Password to a personal Password.
I understand that I am responsible for safeguarding and maintaining the strict confidentiality of my User Name and
Password. You may, at your option, change my Password parameters at any time, and if you do so, I may be required to
change my password the next time I access the Service. By using my Password, I understand and agree that the Bank
will rely on such access to be authentic. If another person uses the Service with my User Name and/or Password,
I understand that I am responsible for any damages that I may suffer by or that are related to their use of the Service.
B. Pricing of Securities.
I understand that the current market value indicated online is obtained from third party sources that you consider
reliable; however, none guarantee accuracy or completeness of their pricing. Pricing for major exchange traded equity
securities are updated daily. Prices for municipal bonds, corporate bonds, and government securities are updated every
Friday evening and at month-end. Most open-end mutual funds are priced daily and all other mutual funds are priced
every Friday. When a current price is not available, a price may be derived by formula through a comparison with
similar investment instruments. Prices for closely held or thinly traded securities are not readily available but are
revised when information can be obtained. I also understand that although a “market value as of date” is indicated
online, the date of pricing is dependent on the types of assets and the “as of” date may not be accurately depicted.
C. E-mail Communications.
With my Trust Online Service, I have provided you with my Internet e-mail address that you anticipate using in delivery
of the Service and in providing notification of updates and changes to the Service. By accepting the terms and
conditions of this Agreement, I agree to receive all such notices and communications by electronic delivery. If I do not
wish to receive such notices and communications electronically, I need to notify the Bank in writing as such. Should I
change my e-mail address due to a name change, a new Internet Service Provider, or for any other reason, I will notify
you immediately to ensure my Trust Online Service and our communication are not interrupted. I may call my account
administrator at the telephone number provided on my account statement or in Section IV of this agreement or I can
write you at: Trust Technical Support T-8, P.O. Box 2950, San Antonio, Texas, 78299
E-mail communications received from or sent to me should be deemed to be minimally secure. Therefore, personal or
private information should NOT be conveyed in such manner. This includes information relating to:
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My
My
My
My
My
account(s) with the Bank
Social Security number
home address, etc.
password
financial or any other confidential information
I agree that any information I send to you via e-mail may not be entirely secure or confidential, nor can
my identity be positively confirmed as the sender of such information. I understand and agree that the
Bank will not be liable for any loss or damage incurred by me in the situation where an unauthorized
person gains access to any such e-mail. I agree to defend, indemnify and hold the Bank harmless if the
Bank acts with ordinary care and in good faith by responding to any e-mail purported to be sent by me.
Implementation by the Bank of its normal procedures for maintaining the confidentiality of information shall constitute
fulfillment of its obligation to exercise ordinary care and good faith.
You may record my IP address transmitted and recorded with each e-mail communication I send using the Service. You
may also track, use and disclose information about my use of the Service. However, except as is otherwise permitted by
this Agreement, you will only disclose information about my use of the Service in a form that does not personally
identify me.
I I I .
O T H E R
D I S C L O S U R E S
A. Problems.
Your representatives will generally be available to assist me on Business Days from 8:30 a.m. to 5 p.m. CST/CDT. I can
call you at the appropriate telephone number listed in Section IV of this Agreement with any questions or problems I
may have regarding the Service.
I should contact one of your Trust Technical Support representatives if:
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I
I
I
have a problem accessing the Service.
believe my password has become known to an unauthorized person.
have suspended my password.
want to change my password and I don’t know how.
don’t remember my password.
I . OT H E R D I S C L O S U R E S
I should contact my account administrator(s) if:
• My Account information reflects unauthorized or incorrect transactions or I have account specific questions.
• I need to obtain copies of information with regard to my account(s).
• My e-mail address or physical address changes.
B. Unauthorized Use.
If I believe that my password has become known to an unauthorized person or that an unauthorized person has
accessed my account, I will immediately change my password and notify you AT ONCE by calling Trust Technical
Support at the number listed in Section IV of this Agreement.
I understand that if I don’t log in for a period of one year, you may, at your discretion, disable my access to the Frost
Trust Online Service.
If my statement shows transactions that do not appear appropriate, I will tell you AT ONCE. You may require me to
provide my complaint in the form of an Affidavit.
I agree that I will not engage in any unlawful or unacceptable use of the Service including attempting to gain
unauthorized access to accounts on the Service that I am not authorized to access or disseminating, storing or
transmitting viruses, trojan horses or any other malicious components.
C. Errors or Questions.
In case of errors, questions, or if I think my statement or other account information is wrong, I should call my account
administrator at the number listed on my account statement or in Section IV of this Agreement.
If I communicate an error or question to you orally, you may require that I send my complaint or question in writing
within ten (10) Business Days. You may require me to provide my complaint or error in the form of an Affidavit.
You will tell me the results of your investigation within ten (10) Business Days after you hear from me and will correct
any error promptly. If you need more time, however, you may take up to forty-five (45) days to investigate my
complaint or question.
D. Account Information Disclosure.
You may in your discretion disclose information to third parties about my account and my use of the Service:
1. When it is necessary for verifying or completing transactions, or resolving a problem;
2. In order to verify the existence and the condition of my account for a third party, upon obtaining my permission;
3. In order to comply with regulatory or government agency or court rules or orders;
4. When the Bank has appointed third parties or agents to perform various duties such as processing, accounting, or
other tasks it deems necessary;
5. At the Bank’s discretion, to any subsidiary or affiliate;
6. If I give you my written permission;
7. As otherwise permitted by law;
8. To protect and defend your rights or property;
9. To operate or conduct maintenance and repair of your services or equipment, including the Service;
10. To protect the interests of other users of the Service; or
11. To enforce this Agreement.
E. Other Conditions.
I am responsible for complying with all terms of this Agreement governing the use of the Service. You have the right to
terminate this Agreement at any time. I may terminate this Agreement by written or electronic mail (“e-mail”) notice
to my Frost Account Administrator.
F. Other Agreements.
I agree to abide by all other terms, conditions, and restrictions contained in any other agreement I have with you or
that is stated elsewhere in the website. The terms of this Agreement solely as they pertain to the Service shall have
control over any conflicting terms of any other agreement I may have with you.
G. Governing Law.
Any disputes arising from or related to this Agreement, my accounts with the Bank or the Service, shall be governed by
the laws of the State of Texas (without reference to its conflicts of law principles). In addition, any dispute arising from
or related to my accounts with the Bank or the Service shall be governed by federal laws and regulations, and
general fiduciary principles and/or practices applicable to accounts such as mine or the Service.
H. Dispute Resolution.
I agree that any dispute, controversy or claim arising out of or relating to this Agreement, my account(s) with the Bank
or the Service, will be settled by arbitration in accordance with rules of commercial arbitration of the American
Arbitration Association. I also agree that all arbitration will occur in the city of the branch of the Bank where the
account was originally opened, or if I no longer live in such city, then San Antonio, Texas, and that the prevailing party in
any such arbitration or any judicial proceeding related thereto will be entitled to recover its reasonable costs and
attorney fees as part of any award. Judgment may be entered upon any award in any court having jurisdiction.
I. Assignment.
The Bank may assign this Agreement to its parent corporation or to any direct or indirect subsidiary of its parent
corporation. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to
independent contractors or other third parties.
I may not assign my rights under this Agreement without your prior written permission, which may be refused in your
sole discretion. Any attempt by me to assign my rights under this Agreement without your permission shall be void.
J. Data Recording.
The information and e-mail messages I enter on the Service may be recorded. By using the Service, I consent to
such recording.
K. Severability.
If any term or provision of this Agreement is declared invalid by a court of competent jurisdiction, the remaining terms
and provisions of this Agreement will be unimpaired, and the invalid term or provision will be replaced by such valid
term or provision as comes closest to the intention underlying the invalid term or provision.
L. Intellectual Property.
I acknowledge and agree that you and your suppliers retain ownership of all intellectual property rights in the website
and the Service.
M. Bookmarking and Linking.
I may create a bookmark in my browser to this Service. Otherwise, I may not create a link to this Service without
your prior written approval, including, without limitation, a link on a publicly accessible website. All permitted links may
only be to the home page of the Bank.
N. Entire Agreement.
This Agreement contains the entire agreement between you and me relating to the subject matter hereof, and
supersedes any other oral or written communications relating thereto. No statements of any of your employees may
amend, vary or supplement the terms and conditions of this Agreement.
O. General Disclaimers.
I UNDERSTAND THE SERVICES ARE PROVIDED TO ME ON AN “AS IS, WITH ALL FAULTS” BASIS. UNDER NO
CIRCUMSTANCES WHATSOEVER WILL YOU BE RESPONSIBLE OR LIABLE TO ME OR ANY OTHER PERSON OR
ENTITY FOR ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION,
LOST PROFITS OR ATTORNEY’S FEES, EVEN IF YOU ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH
DAMAGES. If, notwithstanding the other terms of this Agreement you should have any liability to me for any loss, harm or
damage, you and I agree that such liability shall under no circumstances exceed the fees I paid you.
P. Waiver.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or
more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof,
whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition
hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
I V .
C O N T A C T S
Call Frost Internet Banking Group toll free at 1.888.248.2710 or write to Trust Technical Support T-8, P.O. Box 2950,
San Antonio, Texas 78299
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