McHenry-Savings-Bank
Home| Search| Locations| Contact Us
MSB Info & eBanking FAQs





1. VIEW - eBanking Services Agreement

McHenry Savings Bank - eBanking Services Agreement

Effective as of March 22, 2016

Your use of McHenry Savings Bank’s eBanking and Business eBanking Services for consumer and business customers (eBanking and Business eBanking) is governed by this eBanking and Business eBanking Services Agreement and the Electronic Notice and Consent Agreement (the eSign Consent) and any other terms and conditions we furnish to you in connection with eBanking and Business eBanking and the Services (this Agreement) and your Terms and Conditions of Your Account that can be found at https://mchenrysavings.com/security/disclosures.html eBanking and Business eBanking is a website offering a variety of content, products and Services. This Agreement is between you and McHenry Savings Bank (the Bank).

When you use or access, or permit any other person to use or access eBanking and Business eBanking and/or any Service, you agree to the terms and conditions of this Agreement. If the terms and conditions in this Agreement conflict with the terms and conditions of your Terms and Conditions of Your Account as they apply to eBanking and Business eBanking Services, this Agreement controls. The terms and conditions of this Agreement are not intended to replace or modify any disclosures of other terms in your Terms and Conditions of Your Account or other disclosures that are required by law to be provided by The Bank.

eBanking and Business eBanking may provide you with access to several of your Bank accounts, including savings, checking and loan accounts. Please refer to the underlying Terms and Conditions of Your Account for each Account you access through eBanking and Business eBanking for additional information about your rights and responsibilities, including those related to liability for unauthorized account use and statement errors created by federal law.

Certain capitalized terms have the meaning provided in Section IX. Capitalized terms not defined in this Agreement have the meaning provided in your Terms and Conditions of Your Account.

I. ENROLLMENT.

At our option, we may permit you to request a Service by enrolling online for personal account holders or in person for Business account holders at any at any Bank location. When you enroll, we will treat it as authorization to provide the Service to you in accordance with the terms and conditions of this Agreement and any terms and conditions we provide to you regarding additional service.

II. SET UP AND USE OF eBanking AND BUSINESS eBanking.

A. ELIGIBILITY.

In order to activate eBanking and Business eBanking, you must have an eligible account with us. By activating eBanking and Business eBanking you warrant that you are eighteen (18) years of age or older, have the necessary legal capacity and are authorized to enter into this Agreement (and if this is a Business Account, that you are authorized by the business to enter into this Agreement) and to access the Eligible Account(s) through Business eBanking. You must also complete authentication requirements, and pay any fees described in the fee Schedule and your Terms and Conditions of Your Account.

B. ACCESS.

eBanking and Business eBanking is generally accessible twenty-four (24) hours a day, seven (7) days a week, except when eBanking and Business eBanking may be unavailable for any system maintenance or upgrade. We may modify, suspend, or terminate access to eBanking and Business eBanking at any time and for any reason without notice or refund of fees you may have paid.

C. EQUIPMENT AND SOFTWARE REQUIREMENTS.

To use eBanking and Business eBanking, you need a computer and an Internet browser that meets our current minimum requirements, as set forth from time to time at http://www.mchenrysavings.com/security/html.You are responsible for obtaining, installing, maintaining and operating all software and hardware or other equipment necessary for you to access and use eBanking and Business eBanking, including but not limited to, an Internet service provider, current Internet browsers, the best commercially available encryption, anti-virus and Internet security software (Systems). You are responsible for any and all fees imposed by such Internet service provider and any associated communication service provider charges. By accepting these terms, you provide consent for The Bank to make periodic changes to its equipment and software requirements that do not materially change your ability to access or retain federally required disclosures.

D. ONLINE ACCOUNTS.

When you enroll in eBanking and Business eBanking, you will have online access to your Eligible Accounts, which are reflected on our records as associated with the Social Security Number or Federal Tax Identification Number you provided when you enrolled in eBanking and Business eBanking. Not all Services are available for all Accounts or all customers using eBanking and Business eBanking. If you open an additional Account at a later date or if you are added as a signer on an existing Account, you may have online access to your new Account within eBanking and Business eBanking. We may limit your access to Services at our sole discretion.

E. AUTHORIZED USERS - BUSINESS

This Section applies only to business customers that authorize other individuals to access Business eBanking. To the extent provisions of this Section II.E. conflict with other provisions of this Agreement, the provisions of this Section prevails. If you wish to grant additional individuals access to Business eBanking, please contact your Business’s Administrator.

You may authorize others to access your Accounts through Business eBanking as described below. Access to Business eBanking by the Administrator will continue until such time as you have given us written notice of any changes to the Administrator Role and until we have had a commercially reasonable time to act upon such notice. We may at our option and without liability to you, suspend access to the Service to any Administrator or Authorized User at any time, without prior notice, if we deem it to be reasonably necessary under the circumstances to do so.

You ratify and confirm any and all activities of the Administrator and any Authorized Users appointed by the Administrator conducted through Business eBanking whether or not such activities are within the scope of authority you granted to the Administrator and/or Authorized User. You are responsible for the administration, monitoring and control of any Administrator(s) and Authorized Users in connection with their use of the eBanking and Business eBanking.

1. BUSINESSES EXCEPT SOLE PROPRIETORS

If you have a Business Account and you permit an Authorized User access to Business eBanking, you may authorize individuals to access your Business Account in Business eBanking. Business eBanking is separate and distinct from your existing signature arrangements for your Accounts. As a result, when your Administrator grants authority to access Accounts through Business eBanking, the Authorized User will have access to one or more Accounts that the Authorized User may not otherwise have access based on existing signature arrangements.

You understand and agree that each Administrator is authorized to establish Security Credentials for other Authorized Users in connection with Business eBanking and (ii) receive, act upon, use and disseminate for use by Authorized Users on your behalf all such Security Credentials and all documents and correspondence assigning, confirming or otherwise containing same, (iii) add or delete Authorized Users, and (iv) receive and act upon all other notices, documents and correspondence from us respecting the Business eBanking including, without limitation, any changes or supplements to this Agreement. We recommend that you establish Alerts that will notify you when an Authorized User executes transactions within Business eBanking.

2. SOLE PROPRIETORS

Account access through Business eBanking is separate and distinct from your existing signature arrangements for your Accounts. As a result, when you give an Authorized User Security Credentials granting the authority to access Accounts through Business eBanking, the Authorized User will have access to one or more Accounts for which Authorized User may not otherwise have access based on existing signature arrangements.

The Business eBanking Services include the ability to establish Alerts to notify you of each transfer executed within Business eBanking by an Authorized User. As a Business eBanking Services user you agree to establish Alerts to notify you of changes to Authorized Users on your account and of any transfers executed through Business eBanking Services. You are responsible for notifying us of any changes to your e-mail address, Mobile Device or telephone contacts to which Alerts are sent. You agree that The Bank shall not be liable to you for any unauthorized changes to an Authorized User or transfers executed by Authorized Users that could have been prevented by your establishing of Alerts or maintaining appropriate contact information.

F. eBanking AND BUSINESS eBanking SERVICES.

1. Services Offered.

This Agreement applies to the Services you obtain using eBanking and Business eBanking. When you log on to use Services through Business eBanking, this Agreement will appear as a link on the top right of the eBanking and Business eBanking web pages. When you log on to use Services through eBanking, this Agreement will appear as a link on the top of the eBanking under the link labeled Customer Service.

You will receive Account Access and Alerts when you complete the Enrollment for eBanking and Business eBanking. You may need to separately Enroll in other Services that may be available now or in the future, including, but not limited to Personal Finances, Mobile Banking, and Online Statements, and for business customers, ACH services and wire transfers and enhanced reporting services.

(a) Account Access. You can use eBanking and Business eBanking to: access your Account and perform money transfers between your Accounts on either a one time or recurring basis; view certain Account Information, including balance and transaction information and Account statements; perform self-service Account maintenance; change Security Credentials; communicate with us via secure messaging; and perform other activities.

(b) Alerts. Alerts. Your Enrollment in eBanking and Business eBanking allows you to activate the Alerts Service. By using the Alerts service, you agree to provide a valid phone number, e-mail address or other delivery location so that we may send you certain information about your Account(s). Alerts are provided for your convenience and do not replace your monthly Account statement(s). You understand Alerts may include personal or confidential information about you such as your name, Account Information, and Account activity or status. Your receipt of each Alert may be delayed or impacted by factors not within our control, such as how often you check your Alerts, and other factors such as those pertaining to your Internet service provider, phone carrier, or other parties. We will not be liable for (a) losses or damages arising from any non-delivery, delayed delivery, or misdirected delivery of the Alerts; (b) inaccurate content in the Alerts; or (c) any actions taken or not taken due to an Alert.

(c) Bill Pay. If you enroll in either Bill Pay for Personal Accounts or Business Accounts, you can pay bills either on an automatic, recurring basis or periodically as you request. To enroll in this Service, click on the Payments tab in eBanking to complete Enrollment. When you enroll, you acknowledge that you have read and agree to the terms and conditions of this Agreement including the applicable Bill Pay terms and conditions in Sections VI and VII. To Enroll in Business eBanking Bill Pay contact a Customer Service Representative at Branch near you.

(d) Personal Finance. If you Enroll in Personal Finance, you can view, organize and maintain information about your McHenry Savings Bank Account(s) as well as your non-McHenry Savings Bank accounts that you access through your computer. To enroll in this Service, click on the Personal Finance tab in eBanking to complete Enrollment. When you Enroll, you acknowledge that you have read and agree to the terms and conditions of this Agreement including the terms and conditions governing Personal Finance in Section VIII.

(e) Mobile Banking. If you enroll in Mobile Banking, you can access certain eBanking through a Mobile Device, in addition to through your computer. Consent to Use of Data: You agree that Provider may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Product. Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide services or technologies.

(f) Source of Information. The Product, at your direction, will retrieve your information maintained online by financial institutions and billers with which you have customer relationships, maintain accounts or engage in financial transactions and other log-in related information (Account Information). Provider does not review, verify or analyze the Account Information for accuracy or any other purpose, but simply gathers, organizes and reports your Account Information to you. There may be technical difficulties which result in a failure to obtain data, a loss of data, a loss of personalized settings or other service interruptions. Account Information reported by the Product is timely only to the extent that it is promptly provided by the third-party sites. Account Information may be more up to date when obtained directly from the third-party sites.

(g) Your Responsibility for Information. You are responsible for providing Provider with accurate and updated (as necessary) account numbers, user names, passwords and other log-in related information (Registration Information) so that the Product is able to access Account Information. If you become aware of any unauthorized use of your Registration Information, you should notify your financial institution immediately.

(h) Rights You Grant to Provider. By submitting data, passwords, user names, PINs, log-in information, materials and other information to Provider through the Product, you are licensing that content to Provider solely for the purpose of providing the Product to you and for such other purposes as are set forth in the Privacy Policy under section xi below (the Privacy Policy). Provider may use and store the content in accordance with the Privacy Policy. By submitting such information to Provider, you represent that you are entitled to submit it to Provider for use for this purpose, without any obligation by Provider to pay any fees. By using the Product, you expressly authorize Provider to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the Add Accounts feature of the Product, you will be directly connected to the website for the third party you have identified. Provider will submit information including user names and passwords that you provide to log you into the site. You hereby authorize and permit Provider to use and store the information submitted by you to the Product (such as account passwords and user names) to accomplish the foregoing and to configure the Product so that it is compatible with the third-party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Product, you grant Provider a limited power of attorney, and appoint Provider as your attorney-in-fact and agent, to access the third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities as you could do in person. You acknowledge and agree that when Provider is accessing and retrieving Account Information from the third-party sites, Provider is acting as your agent, and not as the agent of or on behalf of the third party. You understand and agree that the Product is not sponsored or endorsed by any third parties accessible through the Product.

(i) Privacy Policy. Provider will not sell or rent your personal information to anyone, for any reason, at any time. Provider uses and discloses your personal information only as follows: (a) to analyze usage and improve the Product, (b) to deliver to you any administrative notices, alerts and communications relevant to your use of the Product, (c) to fulfill your requests for certain products and services, (d) for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, and (e) in order to enable the financial institution through which you signed up for the Product (your Primary Financial Institution) to offer additional product offerings to you, the Product provides to your Primary Financial Institution financial product details of any external institutions you have added through the Product, provided that no external transactional data will ever be shared with your Primary Financial Institution. Notwithstanding the foregoing, Provider reserves the right (and you authorize Provider) to share or disclose your personal information when Provider determines, in its sole discretion, that the disclosure of such information is necessary or appropriate (x) to enforce our rights against you or in connection with a breach by you of this End User Agreement, (y) to prevent prohibited or illegal activities, or (z) when required by any applicable law, rule regulation, subpoena or other legal process.

(j) eStatements. We will provide certain Bank Account Information electronically, including Account statements for your Eligible Account(s), through eBanking and Business eBanking. If you want to receive statements only in electronic form, (eStatements), you must enroll in eStatements. For Personal account holders enroll in this Service, by either clicking the Account button located on the eStatements page accessible through the Accounts tab, or click the Preferences link in the header or footer of the page and select Statement Preferences. When you enroll, you acknowledge that you have read and agree to the terms and conditions of this Agreement and the eBanking and Business eBanking Electronic Communications Delivery Notice and Agreement provided to you during your Enrollment. For Business account holders contact a Customer Service Representative to receive eStatements through Business eBanking.

(k) Service Changes. We may, from time to time, modify any Service to include additional Accounts as Eligible Accounts in eBanking and Business eBanking, introduce new Services to eBanking and Business eBanking or new features to existing Services, or modify or delete existing Services or features in our sole discretion. By using any new or modified Services or features when they become available, or if you permit any other person or entity to use or access the Service, you agree to be bound by these or any revised terms and conditions concerning these Services or features.

G. FEES.

You may incur fees if you use some Services available through eBanking and Business eBanking. Please review the Fee Schedule we provide to you when you Enroll or use each Service, as applicable. You authorize us to debit your Account for all fees when incurred. In addition, other charges such as, Internet service provider fees, communication charges and the purchase of financial management software (if any) are your responsibility. We reserve the right to add or modify fees from time to time and will notify you when we do so.

H. TRANSFERS. (DOES NOT APPLY TO TRANSFERS OUTSIDE THE BANK.)

1. You must have at least two (2) Eligible Accounts between which transfers may be made. Transfer amounts are limited to (i) your available balance plus the available credit of any overdraft line of credit, or (ii) the available credit of the credit line, if the Account is a credit account. You authorize us to debit your Account for funds transfers you initiate through the Service. We will not be obligated to make any transfer you may request unless there are sufficient available funds or available credit in your Account to pay the amount of the transfer on the transfer date. If there are insufficient available funds (or available credit) to pay the amount of a transfer, we may, but are not obligated to retry the transfer at a later date. Transfers are subject to any limitations on the number of transactions that apply to your Account(s) as provided in your Terms and Conditions of Your Account.

2. Processing of Transfer Requests.

a) Transfers can be made, on a one-.time or recurring basis. One-time transfers may be immediate or scheduled for a future date. The recurring transfer feature may be used when a set amount is transferred at regular intervals, such as, a one-hundred dollar ($100) transfer from a checking to a savings account which occurs every two (2) weeks. You agree to have sufficient available funds or available credit on the date each transfer is scheduled to occur.

b) At the time you schedule a transfer, we provide you with the cut-off times for each transfer and the amount of funds available. All transfers received before the cut-off time will be processed on the day the transfer is scheduled to occur.

c) Administrators may limit the daily and per transaction amount for internal transfers for any Account by each Authorized User.

I. SECURITY CREDENTIALS.

We are authorized and entitled to act on transaction and other instructions received using your Security Credentials, and you agree that the use of your Security Credentials will have the same effect as your signature authorizing the transaction(s). If you disclose your Security Credentials to any person or entity, including any data aggregation service provider, direct us to assign Security Credentials to any entity or person, or permit any other person or entity to access or use eBanking and Business eBanking, you are responsible for any activity and transactions performed from your Account(s) by such person or entity and for any use of your personal information and Account Information by such person or entity. The loss, theft or unauthorized use of your Security Credentials could cause you to lose some or all of the money in your Account(s), plus any amount available under any line of credit. It could also permit unauthorized persons to have access to your personal information and Account Information and to use the information for fraudulent purposes including identity theft.

You are responsible for maintaining the security of your Security Credentials and for any financial transactions performed or information received using such Security Credentials to the fullest extent allowed by law.

We will ask for your Security Credentials to confirm your identity only when you log on to eBanking and Business eBanking or if you call us. We will never contact you via e-mail, secure messaging or telephone requesting you’re Security Credentials. If you are ever contacted by anyone asking for your Security Credentials, you should refuse and immediately contact us. You may be the target of attempted identity theft.

J. ADDRESS OR OTHER CHANGES.

It is your responsibility to ensure that your contact information with the Bank is current and accurate. This includes, but is not limited to internet service provider alerts us that the email address you provided to us is invalid, we reserve the right to email address. You will continue to receive messages through the Message Center in eBanking and Business eBanking. Individuals (not businesses) may request address changes through eBanking or Business eBanking or by contacting a Customer Service Representative at 1-815-385-3000.

K. REPORTING UNAUTHORIZED ACCOUNT ACCESS.

If you believe someone may attempt to use or has used eBanking and Business eBanking to access you’re Accounts or your Account Information without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at 1-815-385-3000. You may also contact us electronically by sending a secure e-mail message through our secure messaging system located within eBanking and Business eBanking, or by writing to us at: McHenry Savings Bank, 353 Bank Dr., McHenry, IL. 60050. To report potential errors, such as unauthorized transactions or statement errors, please refer to the procedures described in your Terms and Conditions of Your Account.

L. INDEMNITY.

You acknowledge and agree that you are personally responsible for your conduct while using eBanking and Business eBanking and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind, including reasonable attorneys’ fees that we may incur in connection with a third party claim or otherwise related to your use of eBanking and Business eBanking, the use of eBanking and Business eBanking by anyone using your Security Credentials or the Security Credentials you have assigned to someone else, or your violation of this Agreement or the rights of any third party. Your obligations under this section survive termination of this Agreement.

M. LIMITATIONS ON OUR LIABILITY.

1. Access.

In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction that you initiated, were in the process of completing, or completed shortly before system failure or interruption should be verified by you through means other than eBanking and Business eBanking to ensure the accuracy and completeness of such transaction.

You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction affected by the system failure or interruption. We will not be liable for failure to provide access or for interruptions in access to eBanking and Business eBanking due to a system failure or due to other acts or circumstances beyond our control.

2. Your Systems Including Computer Equipment and Software.

You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks.

We are not responsible for any error, problem, damages or other loss you may suffer due to malfunction or misapplication of your Systems, including your Internet service provider, your personal financial management or other software, or any equipment you may use (including your telecommunications facilities and computer hardware) to access or communicate with eBanking and Business eBanking.

N. TERMINATION.

We can terminate your eBanking and Business eBanking access or any eBanking and Business eBanking Service under this Agreement at anytime without notice to you for any reason. If we terminate your eBanking and Business eBanking access or any eBanking and Business eBanking Service, you may no longer have access to certain services. If you voluntarily terminate your eBanking and Business eBanking access or access to any eBanking and Business eBanking Service, you will need to re-enroll in eBanking and Business eBanking and the terminated Service before using eBanking and Business eBanking or the terminated Service.

You may terminate your eBanking and Business eBanking access or any eBanking and Business eBanking Service at any time by contacting us. If you terminate your eBanking and Business eBanking Service all unprocessed transfers will be canceled and all Scheduled Payments through the Bill Pay Service for all Accounts will be cancelled. You must make other arrangements to make these payments.

O. CHANGE IN TERMS AND OTHER AMENDMENTS.

We may add, delete, or amend terms, conditions and other provisions, fees, charges, or other terms described in this Agreement and the terms and conditions of any Service you use. We will send written notice to you if required by applicable law. You agree that all notices or other communications we are required to provide to you may be sent to you electronically through an e-mail message, or by posting changed terms on our eBanking and Business eBanking website, or by regular mail. Please access and review this website regularly. If you continue using any Service after the effective date of the notice, you are bound by any such change to this Agreement.

P. TERMS AND CONDITIONS OF YOUR ACCOUNTS.

In addition to this Agreement, you agree to be bound by such other terms and conditions we furnish to you in connection with eBanking and Business eBanking and the Services which you access using eBanking and Business eBanking. When you add an Account to eBanking and Business eBanking you do not change the terms of the Terms and Conditions of Your Account(s) that already apply to your Account. You should review those Terms and Conditions of Your Account(s) for applicable fees, funds availability policies, limitations on the numbers of transactions and other restrictions that may limit your use.

In the event of a direct conflict between the terms of this Agreement, any other terms and conditions we furnish to you in connection with eBanking and Business eBanking and the Services, and your Terms and Conditions of Your Account, unless specifically set forth in the other terms and conditions we furnish to you in connection with eBanking and Business eBanking and the Services, the order of priority is as follows: (i) this Agreement; (ii) the other terms and conditions we furnish to you in connection with eBanking and Business eBanking and the Services; and (iii) the Terms and Conditions of Your Account.

You acknowledge and agree that we may honor signatures as provided by you for your Terms and Conditions of Your Account. You further acknowledge and agree that in the event we have no signature card on file for you that we are authorized to rely and act on any signature we have on file for you (such as on a check) and if there is no signature on file that we in our sole discretion may (i) pay any transaction or Item or (ii) return any transaction or Item without honoring it, without liability.

Q. RECORDS.

Our records kept in the regular course of business will be presumed to accurately reflect the contents of your instructions to us and, in the absence of manifest error, will be binding and conclusive. The eBanking and Business eBanking information is generally updated regularly, but is subject to adjustment and correction and therefore should not be relied upon by you for taking, or forbearing to take any action. The Bank Account Information provided to you as part of eBanking and Business eBanking is not the official record of your Account or its activity.

R. ELECTRONIC NOTICE.

You may use e-mail through our secure messaging system to contact us about inquiries, maintenance and/or certain problem resolution issues. Regular e-mail may not be a secure method of communication; therefore we recommend you do not contact us by regular e-mail. There may be times when you need to speak with someone immediately (especially to report a lost or stolen Security Credentials). In those cases, do not use e-mail. Instead, please call us at 1-815-385-3000.

In the e-Sign Consent provided to you as part of your Enrollment in eBanking and Business eBanking, you agree that the Agreement and all Notices (both as defined in the e-Sign Consent) may be provided to you electronically rather than in paper form. Please refer to your copy of the e-Sign Consent for additional information on withdrawing your consent or requesting paper copies of the Agreement and any Notices.

S. HOURS OF OPERATION.

Our representatives are available to assist you Monday through Thursday 9:00 a.m. to 5:00 p.m., Friday 9:00 a.m. to 6:00 p.m. and Saturday 9:00 a.m. to 1:00 p.m. by telephone at 1-815-385-3000 or through our secure messaging system located within eBanking and Business eBanking.

T. OWNERSHIP OF WEBSITE.

1. The content, information and offers on our website are copyrighted by or used by license by The Bank and the unauthorized use, reproduction, linking or distribution of any portion is strictly prohibited. We grant to you, for your personal or internal business purposes only, a nonexclusive, limited and revocable right to access and use eBanking and Business eBanking. You agree not to use eBanking and Business eBanking for any other purpose, including commercial purposes such as co-branding, linking or reselling, without our prior written consent.

2. Our websites are located in the United States, may be owned, hosted or controlled by us, our affiliates or a third party selected by us, and may also be used for other Internet Services offered by us or any of our affiliates. We make no representation or warranty that our website or eBanking and Business eBanking are available or appropriate for use in countries other than the United States and Canada. You are responsible for complying with all laws (including foreign and domestic laws and regulations requiring governmental consent) applicable to where you use eBanking and Business eBanking or view the website.

U. WEB SITE LINKS.

The website may contain links to other third party websites. When linking to those third party sites you are subject to the terms, including the privacy policy, posted by those third party sites. We are not responsible for, nor do we control, the content, products, or services provided by linked websites. We do not endorse or guarantee the products, information, services or recommendations provided by linked sites and are not liable for any failure of products or services advertised on those websites. In addition, each third party website may provide less security than we do and have a privacy policy different than ours. You should review such third party website’s security and privacy policy to understand your rights. Your access, use and reliance upon such content, products or services are at your own risk.

V. GOVERNING LAW.

This Agreement is governed by and construed in accordance with federal law and the laws of Illinois, without regard to Illinois conflict of law provisions. The Accounts and Services accessed using eBanking and Business eBanking are governed by the applicable Terms and Conditions of Your Account including the law governing the applicable Terms and Conditions of Your Account. You consent to the jurisdiction of the state and federal courts of Illinois and agree that any legal action or proceeding with respect to the Agreement will be commenced in such courts.

W. SCOPE OF AGREEMENT.

This Agreement represents our complete agreement with you relating to our provision of eBanking and Business eBanking. No other statement, oral or written including language contained in our website, unless otherwise expressly noted herein, is part of this Agreement.

III. PARTIES’ RESPONSIBILITIES - PROVISIONS APPLICABLE TO CONSUMER ACCOUNTS ONLY. A. JOINT ACCOUNTS.

A. JOINT ACCOUNTS

If your Account is a joint account, we may act on the instructions of any Account owner.

B. LIMITATIONS ON BANK'S LIABILITY.

THE BANK, INCLUDING OUR AFFILIATES AND AGENTS, ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF eBanking AND BUSINESS eBanking, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF eBanking AND BUSINESS eBanking IS AT YOUR SOLE RISK AND THAT eBanking AND BUSINESS eBanking AND ALL INFORMATION, SERVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM ANY WEBSITE, IS PROVIDED ON AN AS IS BASIS, AND IS SUBJECT TO CHANGE AT ANY TIME. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT eBanking AND BUSINESS eBanking WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR AFFILIATES AND AGENTS, DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO eBanking AND BUSINESS eBanking AND ALL INFORMATION, SERVICES AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE.

C. CONSUMER LIABILITY FOR UNAUTHORIZED TRANSACTIONS.

1. If you are a consumer customer and use the eBanking Service to make transfers or use Bill Pay from your Deposit Account(s), the procedures for handling unauthorized transactions, and your liability for such transactions, are set forth in your Deposit Terms and Conditions of Your Account.

2. The eBanking Service may allow you to access one or more Loan Accounts with The Bank. With open-end Loan Accounts, you may be liable for the unauthorized use of your Loan Account. Please refer to your Loan Terms and Conditions of Your Account for further information.

3. Please call us AT ONCE at 1-815-385-3000 if you believe your Security Credentials have been lost or stolen. Telephoning is the best way to minimize your losses.

D. RESOLVING ERRORS OR PROBLEMS.

1. If you think your Deposit Account statement is wrong or if you need more information about a transfer listed on the statement, contact us by telephone at 1-815-385-3000, contact us electronically by sending a secure e-mail message through our secure messaging system, or write us at McHenry Savings Bank, 353 Bank Dr., McHenry, IL. 60050 as soon as you can.

2. If you think there is an error on your Loan Account statement, please refer to your Loan Electronic Fund Transfers Your Rights and Responsibilities for the procedures for notifying us. Please note that if you do not notify us in writing we may not be required to investigate any potential errors.

IV. PARTIES’ RESPONSIBILITIES - PROVISIONS APPLICABLE TO BUSINESS ACCOUNTS ONLY.

A. ACKNOWLEDGEMENT OF COMMERCIALLY REASONABLE SECURITY PROCEDURES.

By using eBanking and Business eBanking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions which are commercially reasonable. You agree to be bound by any action taken by us upon our receipt of any instruction received using your Security Credentials.

B. LIMITATION OF BANK'S LIABILITY FOR BUSINESS CUSTOMERS ONLY.

THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSACTION MADE USING YOUR SECURITY CREDENTIALS THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR SECURITY CREDENTIALS. WE ARE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY REQUIRED SECURITY CREDENTIALS, AND TO ACT ON SUCH INSTRUCTIONS. If we fail or delay in making a transaction, pursuant to your instructions, or if we make a transaction in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, our liability is limited to interest on the amount which we failed to timely transaction, calculated from the date on which the transaction was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the transaction, but in no event will we be liable to both parties, and our interest payment to either party will fully discharge any obligation to the other. If we make a transaction in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized transaction after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the transaction to the date of the refund, but in no event to exceed thirty (30) days’ interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest will be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS’ FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Without regard to care or lack of care of either you or us, a failure to report to us any unauthorized transaction or error from any of your Business Accounts within thirty (30) days of our providing or making available to you a bank statement showing an unauthorized transaction or error will relieve us of any liability for any losses sustained after the expiration of such thirty-day (30-day) period and you will thereafter be precluded from asserting any such claim or error.

C. ERRORS AND QUESTIONS.

In case of any questions about Business eBanking or your Business Accounts contact us by calling us at 1-815-385-3000, contact us electronically by sending a secure e-mail message through our secure messaging system, or write us at McHenry Savings Bank, 353 Bank Dr., McHenry, IL. 60050 as soon as you can.

If you have questions about electronic transaction or payments or if you think that your statement is wrong or you need more information about a transfer listed on the statement, contact us immediately by telephone, electronically or in writing as specified above. We must hear from you no later than sixty (60) days after we provided or otherwise made available to you the FIRST statement on which the problem or error appeared. Failure to so notify us will preclude you from being able to assert a claim based on such problem or error. Any errors reported to us will be investigated by us and we will advise you of the results of our investigation.

V. PRIVACY AND CONFIDENTIALITY.

For consumer customers, our Privacy Policy was provided to you when you opened your Account and is provided to you annually in an Account statement or a separate mailing to the extent required by applicable law. Please review it carefully. To view the most recent version of our Privacy Policy, go to the footer on the www.mchenrysavings.com website, click on Privacy, and then click on the privacy policy for The Bank or, please refer to your Terms and Conditions of Your Account.

You understand and agree that the Bank is not responsible for the use of your personal and financial information by third parties, if any, that you authorize to have access to Personal Finances or your personal and financial information. The Privacy Policy does not apply to third party sites from which you aggregate Account Information through Personal Finance. You should read the privacy policies of all the companies from which you will instruct us to aggregate Account Information. Account Information obtained from third party sites is subject to the Privacy Policy once it is provided to The Bank.

Subject to the foregoing, you are licensing to the Bank any information, data, passwords, materials, or other information you provide through or to the Bank and the Services. We may modify, display, distribute, and create new material using such information but only to provide the Services to you. By submitting information through these Services, you automatically agree or promise that you are the owner of such information.

VI. BILL PAY SERVICES FOR PERSONAL ACCOUNTS AND THE BUSINESS ACCOUNTS

These Bill Pay terms and conditions govern your use of the Bank’s Bill Pay Services for personal Accounts and/or The Bank Business Bill Pay Services, as applicable (the Bill Pay Service), which permit consumer and business customers to pay or designate Billers to receive a Bill Payment based on instructions you provide through personal computers.

A. PAYMENT SCHEDULING.

You may schedule two (2) types of payments to your Billers: One Time Payments or Recurring Payments. The earliest possible Scheduled Payment Date for each Biller will be designated within the Bill Pay Service when you are scheduling the payment. Therefore, the Bill Pay Service will not permit you to select a Scheduled Payment Date earlier than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement however, if the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date.

B. PAYMENT REMITTANCE.

The cut-off time for Payment Instructions is provided within the Bill Pay Service. Payment Instructions received after the cut-off time on a Business Day or on a non- Business Day will be processed the next Business Day.

C. PAYMENT METHODS.

Payments will be made using the ACH, by paper check, or any other method chosen by us. You agree that we have the sole right to select the method in which to remit funds on your behalf to your Biller (each a Payment Method and collectively, Payment Methods). Your payment confirmation will list the Payment Method for each Bill Payment. If a check is used as the Payment Method, a check number will be included in your payment confirmation.

D. LIMITATIONS ON PAYMENTS.

The current maximum amount of any single payment is $10,000 and the aggregate maximum total amount of all payments processed on any Business Day is $25,000. If a transaction would exceed these amounts, a notice will be separately displayed at the time you submit your Payment Instruction. There are no minimum amounts which apply to a payment. These limits are subject to change from time to time.

E. PAYMENT CANCELLATION REQUESTS.

Except as otherwise provided in this Section VI, you may cancel or edit any Scheduled Payment (including Recurring Payments) by following the directions within the Bill Pay Service. There is no additional charge for canceling or editing a Scheduled Payment. Once we have begun processing a payment, it cannot be cancelled or edited online through the Bill Pay Service.

F. STOP PAYMENT REQUESTS.

Your ability to stop payment of a Scheduled Payment that has been, or is being, processed will depend on the Payment Method and whether your Account is a Personal Account or a Business Account. For Business Accounts, we must have a reasonable opportunity to act on any stop payment request. When using eBanking with Personal Accounts, you should submit stop payment requests in accordance with the applicable terms in your Terms and Conditions of Your Account. To stop any Scheduled Payment that has been, or is being, processed, you must contact Customer Service to submit a stop payment request. If your Bill Payment Account is a Personal Account and the Payment Method is a paper check or electronic funds transfer, you may request a stop payment in accordance with the applicable provisions of your Terms and Conditions of Your Account. For all other Payment Methods, although we will make every effort to accommodate your stop payment request, we are not liable to you for failing to do so. You may also be required to present your stop payment request in writing within fourteen (14) days. The fee for each stop payment request will be the current fee for such stop payment as set out in the Fee Schedule that applies to your Bill Payment Account.

G. PROHIBITED PAYMENTS.

You may make payments to Billers within the United States, subject to any maximum payment limits. You agree not to use the Bill Pay Service for payments made pursuant to court orders, fines, payments for gambling debts, or payments otherwise prohibited by law. In no event will we be liable for any claims or damages resulting from you scheduling these types of payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, misposted or misdirected payments will be solely your responsibility and not our responsibility.

H. ELECTRONIC BILL DELIVERY AND PRESENTMENT (eBILLS).

This feature is for the presentment of electronic bills only. It is your sole responsibility to contact your Billers directly if you do not receive your bills. This electronic bill delivery feature does not alter your liability or the obligations that currently exist between you and your Billers. In addition, if you elect to activate one of the Bill Pay Service’s electronic bill options, you also agree to the following:

1. We are unable to update or change your personal information with the Biller such as, but not limited to, your name, address, phone numbers and e-mail addresses. You must contact the Biller directly to make any changes. Additionally, it is your responsibility to maintain all usernames and passwords for all Biller websites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. We may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating electronic bills for that Biller.

2. Upon activation of the electronic bill feature, we may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your Billing Accounts current. Each Biller reserves the right to accept or deny your request to receive electronic bills.

3. Your activation of the Bill Pay Service for a Biller is deemed to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

4. We will present your electronic bills to you by notification within the Bill Pay Service. In addition, we may send an e-mail notification to the e-mail address listed for your Account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your sole responsibility to periodically log on to the Bill Pay Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller.

5. The Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. Depending on the billing cycle of each Biller, cancellation of electronic bill presentment may take up to sixty (60) days. We will not be responsible for paying any electronic bills that are already in process at the time of cancellation.

6. You agree to hold the Bank harmless should you fail to receive your electronic bill. You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

7. We are not responsible for the accuracy of your electronic bill(s). We only present the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

I. SERVICE FEES AND ADDITIONAL CHARGES.

Any applicable fees will be charged regardless of whether the Bill Pay Service was used during the billing cycle. There may be a charge for additional transactions and other optional services as disclosed on the Terms and Conditions of Your Account and Fee Schedule that applies to your Bill Pay Account. You agree to pay such charges and authorize us to deduct the amount from your designated Bill Payment Account for these amounts and any additional charges that may be incurred by you. For Bill Pay Services for consumers, the Bill Payment Account for Service fees is the Account which the Service or requested transaction impacts. For the Bill Pay Service for businesses, the Bill Payment Account is the first Account Enrolled in the Bill Pay Service. Any fees associated with your Accounts continue to apply. You agree that we may deduct from your Bill Payment Account any amount due, including for an amount due to a payment made under this Agreement.

J. FAILED OR RETURNED TRANSACTIONS.

In using the Bill Pay Service, you are requesting us to make payments for you from your Bill Payment Account. A Scheduled Payment will fail to result in a Bill Payment if any of the following occur:

1. the payment was insufficiently funded;

2. erroneous or incomplete information is provided by you, which prevents accurate and timely payment;

3. a Biller cannot or will not accept a payment delivered by us;

4. we suspect the payment of being fraudulent and have provided notification to you; or

5. we suspect that the Biller is a blocked entity under Office of Foreign Assets Control Sanctions.

We will notify you of each Scheduled Payment that does not result in a Bill Payment because of any of the reasons described above. If the Bill Payment does not occur due to any of items (2) through (5) above, we may request additional information regarding the failed Scheduled Payment. If you do not provide the information we need to resolve the failed Bill Payment within five (5) Business Days, the Scheduled Payment will be cancelled and funds will be re-credited to your Bill Payment Account.

If a Scheduled Payment does not result in a Bill Payment because (a) the Bill Payment Account from which the Scheduled Payment was scheduled has insufficient funds or (b) the Bill Pay Service could not retrieve the funds necessary to make the Scheduled Payment for any reason, then you acknowledge and agree that: (i) your Bill Pay Service will be CANCELLED for ALL of your Accounts; (ii) notice of such a failed Scheduled Payment as a result of (a) or (b) above will also constitute notice of the cancellation of your Bill Pay Service for ALL of your Accounts and any Scheduled Payments scheduled to be made after the failed Scheduled Payment; and (iii) all Scheduled Payments for ALL of your Accounts (including during the three (3) day period specified below) will be CANCELLED with no further notice to you and will not be made or initiated. This cancellation will remain in effect until we determine whether your Bill Pay Service will be restored. During the time when your Bill Pay Service is cancelled as provided herein, it is your sole responsibility to provide for another means of payment for any cancelled Scheduled Payments.

You agree that we are not responsible or liable for the failure to process any Scheduled Payment for any of the reasons described above, including during any time that your Bill Pay Service is cancelled, whether or not there are sufficient funds in your Bill Payment Account(s) during such cancellation period. You also agree to indemnify and hold us harmless from any claims, liability, loss or damages resulting from our actions taken under this Section VI.K. This provision amends and supersedes any conflicting provision of your Terms and Conditions of Your Account’s.

K. BILL PAY SCHEDULE.

A Properly Scheduled Payment is a Scheduled Payment where the payment is scheduled in accordance with the guidelines described under Payment Scheduling in these terms and conditions and at the time the payment was scheduled (i) there are sufficient funds in the Bill Payment Account to make the payment as requested; (ii) your Bill Payment Account is open, Enrolled in the Bill Pay Service and in good standing with us; and (iii) your Billing Account is open and in good standing with the Biller. In addition to the requirement that the late payment be a Properly Scheduled Payment as described above, the Bill Pay Service Guarantee will not apply to any Properly Scheduled Payment that is late (a) as the result of any reason listed under Failed or Returned Transactions and Delayed and Returned Payments in these terms and conditions; or (b) if you have failed to promptly provide us notice of the late payment no more than two (2) Business Days after your discovery of the late payment received by your Biller. The Bill Pay Service Guarantee applies only to Bill Pay Service for consumer customers.

L. SERVICE TERMINATION AND CANCELLATION OF PAYMENTS.

You may terminate your Bill Pay Service at any time. Any Scheduled Payment(s) scheduled to occur before the cancellation date will be completed. All Scheduled Payments, including Recurring Payments, scheduled to occur after the cancellation date of your Bill Pay Service will not be processed. We may terminate your Bill Pay Service at any time. If any of your Bill Payment Accounts are closed, we will automatically cancel your Bill Pay Service for the applicable Bill Payment Accounts and no Scheduled Payments, including Recurring Payments, will be made by us from any of the closed Bill Payment Accounts. If the primary Account linked to your Bill Payment Account is closed, you made add an additional account to fund you Bill Payments or we will automatically cancel your Bill Pay Service for all your Bill Payment Accounts and no Scheduled Payments, including Recurring Payments, will be made by us from any of your Bill Payment Accounts. You must make other arrangements to make these payments.

M. BILLER AND PAYMENT LIMITATIONS.

Bill Pay Services will be monitored for compliance with laws and regulations governing currency transactions and money laundering. We reserve the right to refuse to pay any Biller to whom you may direct a payment or refuse any Scheduled Payment. We will notify you promptly if we refuse to pay a Biller designated by you or refuse to make a Scheduled Payment. This notification is not required if you attempt to make a prohibited payment under this Agreement.

N. DELAYED AND RETURNED PAYMENTS.

You will be notified if a delay occurs in the processing of your Scheduled Payment. You may be instructed to call Customer Service or we may call you if we need more information in order to process the transaction.

You understand that Billers and/or the United States Postal Service may return payments to us for various reasons such as, but not limited to, Biller’s forwarding address expired; Billing Account number is not valid; Biller is unable to locate Billing Account; or Billing Account is paid in full. We will research and correct the returned payment and return it to your Biller, or void the payment and credit your Bill Payment Account.

O. INFORMATION AUTHORIZATION.

Your Enrollment in the Business eBanking Bill Pay Service may not be fulfilled if we cannot verify your identity or other necessary information. In order to verify ownership of the Bill Payment Account(s) and/or Billing Account(s), we may issue offsetting debits and credits to the Bill Payment Account(s) and/or Billing Account(s), and require confirmation of such from you.

P. ADDRESS OR OTHER CHANGES.

All changes made are effective immediately for scheduled and future payments paid from the updated Bill Payment Account Information. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Billing Account or contact information.

R. LIABILITY FOR UNAUTHORIZED TRANSFERS OR PAYMENTS.

You are required to promptly provide notice to us of any unauthorized transfer at 1-815-385-3000 or by sending an email message through our secure messaging system located within eBanking and Business eBanking. When you give another party your Security Credentials, you are authorizing that party to use the Bill Pay Service and you are responsible for all payments that party performs while using your Security Credentials, even those you did not intend or want performed. If you are a consumer customer, your liability for unauthorized electronic transfers or payments is described in your Deposit Terms and Conditions of Your Account. Please note that if the Biller you scheduled a payment to is an individual, if the Biller does not appear on a list of pre-approved Billers when you input the Biller’s information within the Bill Pay Service, or if we notify you the payment will be made by check, we will make Bill Payments by check to those Billers

VII. ADDITIONAL TERMS APPLICABLE ONLY TO THE BANK BUSINESS BILL PAY SERVICES.

A. LINKING MULTIPLE ACCOUNTS.

You may use the Bill Pay Service to access Eligible Accounts. These Accounts include Accounts of affiliated, subsidiary, or non-affiliated businesses bearing the same Tax Identification Number (TIN). You may be permitted to link Personal Accounts to your Bill Pay Service profile provided you are an Account owner or Authorized User on the Business Account and also an Account Owner on the Personal Accounts to be linked, and all linked Accounts have the same TIN.

B. ENHANCED REMITTANCE for BUSINESS eBanking (only).

You may use the Business eBanking Bill Pay Service to transmit additional detail related to the payment to the Biller such as invoice numbers, credit memo detail and dollar amounts by following the directions within the Bill Pay Service.

C. LIABILITY FOR TRANSFERS OR PAYMENTS.

We will have no liability to you for any errors or losses you sustain in using the Bill Pay Service except where we fail to exercise ordinary care in processing any transaction. We are liable only for those unauthorized transfers that occur after you have provided notice to us and we have had a reasonable opportunity to act. We also are not liable for any failure to provide any service if the Account(s) involved is no longer linked for the Bill Pay Service. Our liability, if any, is limited to the amount of any funds improperly transferred from your Bill Payment Account less any amount that would have been lost even with the exercise of ordinary care.

VIII. PERSONAL FINANCE

Personal Finance is a personal financial information management service that allows you to aggregation your account information by consolidating it into a single location. E.i. credit cards, investments, or accounts with institutions.

A. YOUR ACCOUNTS LINKED THROUGH PERSONAL FINANCE.

You represent, warrant and agree that (i) you are the sole legal and beneficial owner of each account with respect to which you request the Bank to provide Personal Finance and/or (ii) if you are not the sole legal and beneficial owner of any account with respect to which you request Bank to provide Personal Finance, including, without limitation, accounts held in joint ownership or in trust, you have the legal authority to include the account in Personal Finance and to share Account Information with respect to the account. With respect to any beneficial interest in a trust or other fiduciary account for which Account Information is provided at your request, you hereby expressly consent to delivery by the fiduciary of all Account Information which you are eligible to receive to the Bank.

B. DESCRIPTION OF PERSONAL FINANCE.

Personal Finance is an information management service that allows you to consolidate and manage selected information from various websites. Personal Finance allows you to consolidate, retrieve, view and maintain Account Information stored. After registering for Personal Finance, you will provide us information about the accounts you wish to aggregate. Personal Finance periodically obtains your Account Information from us and third party websites based on the information you have previously provided to us. The Bank and the third party vendor that provides Personal Finance do not have access to the username and passwords you use on other third party websites. You must provide us such username and passwords or other Security Credentials for this Service.

C. THIRD PARTY INFORMATION, CONTENT, PRODUCTS AND SERVICES.

Other than The Bank Account Information, all other information available through Personal Finance is provided by third parties. We are not responsible for the products, services, and accuracy of information at third party sites or viewed through our Service. You acknowledge that we do not pre-screen content, but that we will have the right (but not the obligation) in our sole discretion to refuse, edit, move or remove any content that is available through Personal Finance.

D. NOT INVESTMENT ADVICE.

Any third party information about securities and other investments available through Total Look reflect independent opinions and are not recommendations of the Bank. The information and content provided through Total Look is for information purposes only. It should not be construed as an offer to sell, a solicitation to buy, or a recommendation for any security or other investment by the Bank. You acknowledge that you must perform your own evaluation of any investment based on your investment objectives, financial resources, and risk tolerance. As part of Total Look, the Bank does not have any duty or obligation to utilize third party information provided through Total Look for the purpose of determining the prudence or suitability of any security transactions between you and the Bank or an affiliate of the Bank or the investment policies or asset allocation for any investment management or fiduciary services provided to you by the Bank or an affiliate of the Bank. In addition, the Bank does not have any duty or obligation to use such information to update investment prudence or suitability information that the Bank currently has on file for you.

E. BROKERAGE PRODUCTS.

Brokerage products and services are NOT FDIC INSURED - NOT GUARANTEED BY ANY BANK - MAY LOSE VALUE. Access to affiliated and other brokerage sites are subject to the terms and conditions or agreements with the specific entity. Information displayed through Total Look is not consistent with the requirements of U.S. securities regulations and is not a substitute for confirmations and statements required by SEC, FINRA and MSRB rules.

F. THIRD PARTY ACCOUNTS.

By using Personal Finance to access a third party website you have designated you authorize us and our providers to access the third party websites and Accounts you designate to retrieve Account Information on your behalf, and you appoint us as your agent for this limited purpose. You hereby grant us and our providers as your true and lawful attorney-in-fact, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party websites, retrieve Account Information, and use your information, for the purpose of accessing your Accounts and operating Personal Finance, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You represent that you are a legal owner of the Accounts at third party websites which you include in Personal Finance and that you have the authority to (i) designate us as your agent, (ii) use Personal Finance and (iii) give us your passwords, usernames, and all other information you provide. YOU AGREE AND ACKNOWLEDGE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM A THIRD PARTY WEBSITE, WE ACT AS YOUR AGENTS, AND NOT THE AGENTS OR ON BEHALF OF THE THIRD PARTY. Transactions and inquiries you initiate at such a site are not made through, and we have no responsibility for such transactions. You agree to comply with the terms and conditions of those accounts. If you have a dispute or question about any transaction on such site, you agree to direct these to the account provider. Third party websites are entitled to rely on the above authorizations, agency and power of attorney granted by you. Balances shown on Personal Finance reflect the most recent refresh and may not be accurate if a refresh was not successfully completed or the information obtained during the refresh from the third party is otherwise not accurate or current.

IX. DEFINITIONS.

Certain capitalized terms used in this Agreement are defined below.

Account The personal or business accounts that you access using eBanking and Business eBanking including checking account, savings account, money market account, certificate of deposit, Individual Retirement Account, loan, or line of credit account that you have with us.

Account Access Your ability to access Account and transaction information on Accounts through eBanking and Business eBanking.

Account Information Information regarding your Accounts accessible through eBanking and Business eBanking and account information for non-Bank accounts stored at third party websites.

ACH Refers to any automated clearing house which processes credits and debits through an electronic network.

Administrator For business customers, the owner of the Account or the individual(s) authorized in an appropriate business resolution to manage the eBanking and Business eBanking Services of the business, including, without limitation authorizing additional Authorized Users, assigning levels of online access, and deleting authorizations of Authorized Users and communicating with us on the Account using Business eBanking.

Agreement The meaning set forth in the first paragraph of this The Bank eBanking and Business eBanking Services Agreement.

Alerts Our Service for eBanking and Business eBanking that sends notification to you of certain Account activity through phone, e-mail or another method you have elected.

Authorized User A person the Administrator, through execution of, as appropriate, a business resolution, has designated as authorized, with respect to designated Accounts, to view Account Information, perform certain transactions and/or communicate with us on the Account using eBanking and Business eBanking. Authorized User may also be referred to as multi-user or additional user.

Bill Pay Service Permits consumer and business customers to pay or designate Billers to receive a Bill Payment based on instructions you provide through personal computers.

Bill Payment Account The Account(s) you have designated on your The Bank Bill Pay profile for Personal Accounts, or your Business Bill Pay profile for Business Accounts, for us to debit with respect to payments made through Bill Payment in connection with eBanking and Business eBanking.

Bill Payment A payment through either our Bill Pay Service for Personal Accounts or The Bank Business Bill Pay Service for Business Accounts that allows you to pay or transfer funds to designated Billers based upon your instructions to us using a personal computer or (for personal account holders only) Mobile Device.

Biller The person or business entity to which you wish a Bill Payment to be directed or is the person or entity from which you receive electronic bills, as the case may

Billing Account Y our account with your Biller.

Business Account An Account that is used primarily for business or commercial purposes and not personal, family or household purposes.

Business Day Monday through Friday, excluding any holiday on which the Bank and/or the Federal Reserve are closed for processing.

Card Any ATM card or debit card that is issued by the Bank and used to access your Deposit Account for an ATM transaction, POS purchase. Card excludes any gift card or other prepaid card not directly related to your Deposit Account(s).

Customer Service The Bank customer service, which can be reached at 1-815-385-3000 or through secure messaging in eBanking and Business eBanking.

Deposit Account A checking and/or savings deposit account you have with The Bank.

Due Date The date reflected on your billing statement for which the applicable payment is due. It is not the late date or grace period.

eBanking and Business eBanking eBanking and Business eBanking is a website offering a variety of content, products and Services.

Eligible Accounts The Bank deposit or loan accounts that are accessible in The Bank eBanking and Business eBanking from time to time.

Enroll (ment) The request executed by you pursuant to this Agreement authorizing us to provide a Service to you.

e-Sign Consent The meaning is set forth in the first paragraph of this Agreement.

Fee Schedule Refers to the description of an Account’s features, including a schedule of fees, interest rates (if applicable) and important Account disclosures provided to customers when a business Account is opened, including any changes or amendments from time to time. Business Service Fee Schedules apply to business Accounts and do not apply to personal Accounts.

Loan Account A ny loan or line of credit account that you have with us which may be accessed through the eBanking and Business eBanking services.

Loan Terms and Conditions of Your Account Any Terms and Conditions of Your Account that governs a Loan Account.

Mobile Banking Our Service that allows a personal account holder to use a Mobile Device to access eBanking and Business eBanking, including our Mobile Banking applications and Text Messaging Service.

Mobile Device A mobile phone or tablet that has text messaging capabilities and/or is web-enabled.

One Time Payment A single payment to the Biller in the amount designated by you.

Payment Instruction The information provided by you to us for a Bill Payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

Payment Method and Payment Methods Payments made using the ACH, by paper check, or any other method chosen by the Bank.

Personal Account An Account where the Account owner is an individual and the Account is used primarily for personal, family or household purposes.

Personal Finance Our Bank’s aggregation service that allows you to view, organize and maintain information about your Bank Accounts as well as your non The Bank accounts that you maintain online.

Properly Scheduled Payment A Properly Scheduled Payment is a Scheduled Payment where the payment is scheduled in accordance with the guidelines described under Payment Scheduling in these terms and conditions and at the time the payment was scheduled (i) there are sufficient funds in the Bill Payment Account to make the payment as requested; (ii) your Bill Payment Account is open, Enrolled in the Bill Pay Service and in good standing with us; and (iii) your Billing Account is open and in good standing with the Biller.

Recurring Payment Payments of a fixed amount designated by you to a Biller designated by you made on a regular time interval.

Remote Deposit Service Our Service that is part of Mobile Banking that allows you to make deposits using the electronic image of a check or substitute check with your Mobile Device using our Mobile Banking applications.

Scheduled Payment A payment that has been scheduled through the Service but has not begun processing.

Scheduled Payment Date The day you want your Biller to receive your payment and is also the day your Bill Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

Security Credentials The information we use to identify you when accessing your Accounts and Services and may include security devices, account numbers, personal identification numbers (PINs), Card numbers, User IDs, password, tokens, and challenge questions and answers. Security Credentials may be assigned to you by us or selected by you, as may be updated from time to time.

Service Each of the eBanking and Business eBanking products and services you access using eBanking and Business eBanking.

Terms and Conditions of Your Account The Deposit Terms and Conditions of Your Account for Personal and Business Accounts, effective July 24, 2015 (as amended from time to time, the Deposit Terms and Conditions of Your Account) or the Business Terms and Conditions of Your Account that governs your deposit account with us, including a schedule of fees as applicable, any agreements that govern your loan or line of credit Account, and any rules and regulations that govern the use of your Account, including, without limitation, any funds availability agreement, electronic fund transfer agreement or disclosure, our Privacy Policy, and our Deposit Terms and Conditions of Your Account, Fee Schedule, as applicable, together with any amendments or modifications to such agreements or disclosures.

Text Messaging A process available to you as part of Mobile Banking that allows you to send and receive messages related to your Accounts using your Mobile Device.

You, your or yours An individual or business entity who owns an Account or a party-in-interest to the Account (such as a grantor or trustee of a trust account) or (ii) an Authorized User.

We, us, our The Bank or the Bank McHenry Savings Bank, or the Bank’s affiliate(s) that establishes your Account and provides eBanking, and any agent, independent contractor or assignee that we may, in our sole discretion, engage in providing eBanking and Business eBanking and Services.

Mobile Check Deposit Agreement (an amendment to McHenry Savings Bank’s eBanking Services Agreement)

1. Additional Terms for Remote Deposit Check. “Mobile Check Deposit” (“MCD”) is a Mobile Banking service that allows you to make deposits of the electronic image of a check or substitute check (as defined by federal law) (each an “Item”) to your eligible checking, or savings accounts at McHenry Savings by capturing an electronic image of the item with the capture device (such as a camera) on your mobile device and submitting images and information about the item to us for processing.

2. Eligible Items. You agree that you will not use the MCD feature to deposit any of the following Items:

a. Items that have already been presented to, or paid by, another person, company or depository institution;

b. Items payable to any person or entity other than you;

c. Items drawn on a financial institution located outside the United States;

d. Items containing obvious alteration to any of the fields on the front of the Item, or which you know or suspect, or should know or suspect, are fraudulent; or

e. Items prohibited by our current procedures relating to the MCD feature or which are otherwise not acceptable under the terms of your applicable checking, or savings account and related agreement with us. You can find information about our current procedures through the Frequently Asked Questions for Mobile Check Deposit available on our website at: https: //www.mchenrysavings.com/ebanking-faq.html

3. Item Image Quality. The image of an Item transmitted using the Mobile Deposit Service must be legible and clear. It must not be altered. It must capture all pertinent information from both sides of the Item. Image quality must comply with industry requirements established and updated by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve System and any other applicable regulatory agency.

4. Endorsement of Items. You must endorse all Items before submitting them using the Mobile Deposit Service.

5. Processing Time and Availability of Funds. If we receive the image of an Item for deposit on or before 4:00 p.m. Central Time (CT) on a Business Day (as defined in the Service Agreement), we will consider that day the day of deposit. If we receive the image of an item for deposit after 4:00 p.m. CT or on a weekend or on a non-Business Day, we will consider the next Business Day as the day of deposit. For items deposited into checking accounts, we may limit the first $200 of the deposit will be available 1 Business Day after the day of deposit. Any amount in excess of $200 will be available 2 Business Days after the day of deposit. For Items deposited into savings accounts, all funds will be available 2 Business Days after the day of deposit.

6. Disposal of Transmitted Items. After 15 Business Days following the deposit using the Mobile Deposit Service, if you have verified that the funds have been credited to your account, you agree to mark the item as "VOID" and properly dispose of it to ensure it is not presented for deposit again. You agree to safeguard and keep the original Item for one year after you have transmitted the Item. If you fail to follow these procedures and you or any third party cashes or re-deposits the Item, you may be liable to us for the amount of the item.

7. Restrictions and Limitations on Items. You agree:

a. Only Items that originated as paper Items and no third party or electronic checks may be deposited using the MCD feature;

b. After you submit an item for deposit using the MCD feature, you will not redeposit or otherwise transfer or negotiate the original Item;

c. Not to deposit Items into your account unless you have authority to do so;

d. To a daily deposit limit of $2,500, maximum number of checks deposited in one day is 5.

e. To a maximum deposit limit of $2,500.00 within three consecutive days.

f. To a maximum number of checks deposited in a three consecutive day period are 5.

g. To a maximum number of deposits of 66 per month.

8. After you submit an Item for deposit you are solely responsible for the storage or destruction of the original Item; and the electronic image of the Item will become the legal representation of the item for all purposes; and any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn.

9. Eligibility. You must meet our eligibility requirements in order to use the MCD feature. These eligibility requirements include being a McHenry Savings EBanking customer who has had a McHenry Savings account for more than 30 days in good standing. We may change the eligibility requirements from time to time in our sole discretion.

10. Errors. You agree to notify us of any suspected errors related to your deposit made with the MCD feature immediately and no later than 30 days after the applicable account statement is provided, or as otherwise specified in your Account Agreement with us.

11. Reporting Unauthorized Transactions. If you believe someone may attempt to use or has used the MCD feature without your permission, or that any other unauthorized use or security breach has occurred, call us immediately at 1-815-385-3000 or write us at McHenry Savings Bank, 353 Bank Dr., McHenry, IL. 60102. Telephoning is the best way to minimize your losses for any error or unauthorized transaction.

12. Customer Service. If you have any questions about the MCD feature, email customerservice@mchenrysavings.com or call as at 1-815-385-3000.

13. Termination. If your account with McHenry Savings is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Services, (c) that the license provided under this Agreement shall end, and (d) that we shall not be liable to you or any third party for termination of access to the Services.

14. Your Right to Terminate. You may terminate this Agreement by requesting that we terminate your EBanking access.

15. Suspension or Termination by Us. We may terminate this Agreement and close your McHenry Savings account for any reason or no reason at any time upon notice to you. We may terminate eBanking services as provided in the Service Agreement. We may also suspend or discontinue the MCD feature at any time for any reason, including if you or your accounts are not eligible for the services, if we believe you are in breach of the Service Agreement, this Agreement, or your Account Agreement with us.

16. Indemnification. Except as otherwise provided under applicable law, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your use of the MCD feature and your provision of a telephone or mobile phone number, email address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Services and this Agreement.

17. Governing Law. This Agreement will be governed by and construed in accordance with federal law and the laws of Illinois, without regard to Illinois conflict of law provisions. You consent to the jurisdiction of the state and federal courts of Illinois and agree that any legal action or proceeding with respect to the Agreement will be commenced in such courts.

18. Change in Terms and other Amendments. We may add, delete, or amend terms, conditions and other provisions, fees, charges, or other terms described in this Agreement and the terms and conditions of the Services. You agree that all notices or other communications may be sent to you electronically through an e-mail message, by regular mail, or by posting changed terms at www.mchenrysavings.com. You should periodically visit this website page to review the most current Agreement applicable to EBanking (“Services”). In addition, we may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all users of the Services.

19. Other Provisions. Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you, us, and our processor, with respect to the provision of the Services. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

2. VIEW - Text Message (SMS) Terms of Use

McHenry Savings Bank - Text Message (SMS) Terms of Use

Effective as of April 15, 2016

1. Your wireless carrier’s standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. McHenry Savings Bank does not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your wireless carrier.

2. By subscribing, you consent to receive up to 90 SMS messages per day, including text messages from us which may include offers from us, our affiliates and partners. You can unsubscribe at any time from all services by sending STOP to 20736.

3. You represent that you are the owner, or authorized user of the wireless device you use to subscribe to the service, and that you are authorized to approve the applicable charges.

4. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.

5. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.

6. The service -- as well as the content and materials received through the service -- are proprietary to us and our licensors, and are for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.

7. The service is available only in the United States.

8. We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.

9. If you have any questions, e-mail customerservice@mchenrysavings.com. You can also text the word HELP to 20736 to get additional information about the service. We do not charge for help or info messages; however, your normal carrier rates apply.

3. VIEW - Terms and Conditions of Your Account

McHenry Savings Bank - Terms and Conditions of Your Account


Contents:

  1. Important Information about Procedures for Opening a New Account
  2. Agreement
  3. Liability
  4. Deposits
  5. Withdrawals
  6. Ownership of Account and Beneficiary Designation
  7. Business, Organization, and Association Accounts
  8. Stop Payments
  9. Telephone Transfers
  10. Amendments and Termination
  11. Notices
  12. Statements
  13. Direct Deposits
  14. Temporary Account Agreement
  15. Setoff
  16. Check Processing
  17. Check Cashing
  18. Truncation, Substitute Checks, and Other Check Images
  19. Remotely Created Checks
  20. Unlawful Internet Gambling Notice
  21. ACH and Wire Transfers
  22. Facsimile Signatures
  23. Authorized Signer
  24. Restrictive Legends or Indorsements
  25. Account Transfer
  26. Indorsements
  27. Death or Incompetence
  28. Fiduciary Accounts
  29. Credit Verification
  30. Legal Actions Affecting Your Account
  31. Security
  32. Telephonic Instructions
  33. Monitoring and Recording Telephone Calls and Consent to Receive Communications
  34. Claim of Loss
  35. Early Withdrawal Penalties
  36. Address or Name Changes
  37. Resolving Account Disputes
  38. Waiver of Notices
  39. Additional Terms

(1) Important Information about Procedures for Opening a New Account.

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

(2) Agreement.

This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Please read this carefully and retain it for future reference. If you sign the signature card or open or continue to use the account, you agree to these rules. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this document. If you have any questions, please call us.

This agreement is subject to applicable federal laws, the laws of the state of Illinois and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this agreement can and does vary such rules or laws). The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to:

  1. summarize some laws that apply to common transactions;
  2. establish rules to cover transactions or events which the law does not regulate;
  3. establish rules for certain transactions or events which the law regulates but permits variation by agreement; and
  4. give you disclosures of some of our policies to which you may be entitled or in which you may be interested.

If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the signature card for your account or in some other document. Nothing in this document is intended to vary our duty to act in good faith and with ordinary care when required by law.

As used in this document the words "we," "our," and "us" mean the financial institution and the words "you" and "your" mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. However, this agreement does not intend, and the terms "you" and "your" should not be interpreted, to expand an individual's responsibility for an organization's liability. If this account is owned by a corporation, partnership or other organization, individual liability is determined by the laws generally applicable to that type of organization. The headings in this document are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.

(3) Liability.

You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of charges. You authorize us to deduct these charges, without notice to you, directly from the account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this agreement.

Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and can be deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft.

You will be liable for our costs as well as for our reasonable attorneys' fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your account. This includes, but is not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your account. This also includes any action that you or a third party takes regarding the account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys' fees can be deducted from your account when they are incurred, without notice to you.

(4) Deposits.

We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn "on us"). Before settlement of any item becomes final, we act only as your agent, regardless of the form of indorsement or lack of indorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Unless prohibited by law, we also reserve the right to charge back to your account the amount of any item deposited to your account or cashed for you which was initially paid by the payor bank and which is later returned to us due to an allegedly forged, unauthorized or missing indorsement, claim of alteration, encoding error or other problem which in our judgment justifies reversal of credit. You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our "daily cutoff time" on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check for deposit, we may require any third-party indorsers to verify or guarantee their indorsements, or indorse in our presence.

(5) Withdrawals.

Generally.

Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to indorse any item payable to you or your order for deposit to this account or any other transaction with us.

Postdated Checks.

A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and charge your account for a postdated check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act. Because we process checks mechanically, your notice will not be effective and we will not be liable for failing to honor your notice unless it precisely identifies the number, date, amount and payee of the item.

Checks and Withdrawal Rules.

If you do not purchase your check blanks from us, you must be certain that we approve the check blanks you purchase. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. In addition, we may place limitations on the account until your identity is verified.

Even if we honor a nonconforming request, we are not required to do so later. If you violate the stated transaction limitations (if any), in our discretion we may close your account or reclassify it as a transaction account. If we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification.

If we are presented with an item drawn against your account that would be a "substitute check," as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item.

See the funds availability policy disclosure for information about when you can withdraw funds you deposit. For those accounts to which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal. An item may be returned after the funds from the deposit of that item are made available for withdrawal. In that case, we will reverse the credit of the item. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the time we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insufficient available funds.

A Temporary Debit Authorization Hold Affects Your Account Balance.

On debit card purchases, merchants may request a temporary hold on your account for a specified sum of money, which may be more than the actual amount of your purchase. When this happens, our processing system cannot determine that the amount of the hold exceeds the actual amount of your purchase. This temporary hold, and the amount charged to your account, will eventually be adjusted to the actual amount of your purchase, but it may be up to three days before the adjustment is made. Until the adjustment is made, the amount of funds in your account available for other transactions will be reduced by the amount of the temporary hold. If another transaction is presented for payment in an amount greater than the funds left after the deduction of the temporary hold amount, that transaction will be a nonsufficient funds (NSF) transaction if we do not pay it or an overdraft transaction if we do pay it. You will be charged an NSF or overdraft fee according to our NSF or overdraft fee policy. You will be charged the fee even if you would have had sufficient funds in your account if the amount of the hold had been equal to the amount of your purchase.

Here is an example of how this can occur - assume for this example the following: (1) you have opted-in to our overdraft services for the payment of overdrafts on ATM and everyday debit card transactions, (2) we pay the overdraft, and (3) our overdraft fee is $35 per overdraft, but we do not charge the overdraft fee if the transaction overdraws the account by less than $10.

You have $120 in your account. You swipe your card at the card reader on a gasoline pump. Since it is unclear what the final bill will be, the gas station's processing system immediately requests a hold on your account in a specified amount, for example, $80. Our processing system authorizes a temporary hold on your account in the amount of $80, and the gas station's processing system authorizes you to begin pumping gas. You fill your tank and the amount of gasoline you purchased is only $50. Our processing system shows that you have $40 in your account available for other transactions ($120 - $80 = $40) even though you would have $70 in your account available for other transactions if the amount of the temporary hold was equal to the amount of your purchase ($120 - $50 = $70). Later, another transaction you have authorized is presented for payment from your account in the amount of $60 (this could be a check you have written, another debit card transaction, an ACH debit or any other kind of payment request). This other transaction is presented before the amount of the temporary hold is adjusted to the amount of your purchase (remember, it may take up to three days for the adjustment to be made). Because the amount of this other transaction is greater than the amount our processing system shows is available in your account, our payment of this transaction will result in an overdraft transaction. Because the transaction overdraws your account by $20, your account will be assessed the overdraft fee of $35 according to our overdraft fee policy. You will be charged this $35 fee according to our policy even though you would have had enough money in your account to cover the $60 transaction if your account had only been debited the amount of your purchase rather than the amount of the temporary hold or if the temporary hold had already been adjusted to the actual amount of your purchase.

Overdrafts.

You understand that we may, at our discretion, honor withdrawal requests that overdraw your account. However, the fact that we may honor withdrawal requests that overdraw the account balance does not obligate us to do so later. So you can NOT rely on us to pay overdrafts on your account regardless of how frequently or under what circumstances we have paid overdrafts on your account in the past. We can change our practice of paying overdrafts on your account without notice to you. You can ask us if we have other account services that might be available to you where we commit to paying overdrafts under certain circumstances, such as an overdraft protection line-of-credit or a plan to sweep funds from another account you have with us. You agree that we may charge fees for overdrafts. For consumer accounts, we will not charge fees for overdrafts caused by ATM withdrawals or one-time debit card transactions if you have not opted-in to that service. We may use subsequent deposits, including direct deposits of social security or other government benefits, to cover such overdrafts and overdraft fees.

Multiple Signatures, Electronic Check Conversion, and Similar Transactions.

An electronic check conversion transaction is a transaction where a check or similar item is converted into an electronic fund transfer as defined in the Electronic Fund Transfers regulation. In these types of transactions the check or similar item is either removed from circulation (truncated) or given back to you. As a result, we have no opportunity to review the check to examine the signatures on the item. You agree that, as to these or any items as to which we have no opportunity to examine the signatures, you waive any requirement of multiple signatures.

Notice of Withdrawal.

We reserve the right to require not less than 7 days' notice in writing before each withdrawal from an interest-bearing account other than a time deposit or demand deposit, or from any other savings account as defined by Regulation D. (The law requires us to reserve this right, but it is not our general policy to use it.) Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your notice of penalty for early withdrawal.

(6) Ownership of Account and Beneficiary Designation.

These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.

Individual Account.

This is an account in the name of one person.

Joint Account - With Survivorship.(And Not As Tenants In Common).

This is an account in the name of two or more persons. Each of you intend that when you die the balance in the account (subject to any previous pledge to which we have agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common.

Joint Account - No Survivorship.(As Tenants In Common).

This is owned by two or more persons, but none of you intend (merely by opening this account) to create any right of survivorship in any other person. We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not, however, affect the "number of signatures" necessary for withdrawal.

Revocable Trust or Pay-On-Death Account.

If two or more of you create this type of account, you own the account jointly with survivorship. Beneficiaries of either of these account types cannot withdraw unless: (1) all persons creating the account die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of the owner(s) of the account, such beneficiaries will own this account in equal shares, without right of survivorship. The person(s) creating either a Pay-On-Death or Revocable Trust account reserves the right to: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the account funds at any time.

(7) Business, Organization, and Association Accounts.

Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law or our policy. You represent that you have the authority to open and conduct business on this account on behalf of the entity. We may require the governing body of the entity opening the account to give us a separate authorization telling us who is authorized to act on its behalf. We will honor the authorization until we actually receive written notice of a change from the governing body of the entity.

(8) Stop Payments.

Unless otherwise provided, the rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of other types of transfers of funds, such as consumer electronic fund transfers, may be established by law or our policy. If we have not disclosed these rules to you elsewhere, you may ask us about those rules.

We may accept an order to stop payment on any item from any one of you. You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Because stop-payment orders are handled by computers, to be effective, your stoppayment order must precisely identify the number, date, and amount of the item, and the payee.

You may stop payment on any item drawn on your account whether you sign the item or not. Generally, if your stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. If the original stop-payment order was oral your stop-payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a stop-payment order expires. A release of the stop payment request may be made only by the person who initiated the stop-payment order.

If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys' fees. You assign to us all rights against the payee or any other holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order.

Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item).

(9) Telephone Transfers.

A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing. Unless a different limitation is disclosed in writing, we restrict the number of transfers from a savings account to another account or to third parties, to a maximum of six per month (less the number of "preauthorized transfers" during the month). Other account transfer restrictions may be described elsewhere.

(10) Amendments and Termination.

We may change any term of this agreement. Rules governing changes in interest rates are provided separately in the Truth-in-Savings disclosure or in another document. For other changes, we will give you reasonable notice in writing or by any other method permitted by law. We may also close this account at any time upon reasonable notice to you and tender of the account balance personally or by mail. Items presented for payment after the account is closed may be dishonored. When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items to be paid from the account. Reasonable notice depends on the circumstances, and in some cases such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your account, we might immediately freeze or close your account and then give you notice. If we have notified you of a change in any term of your account and you continue to have your account after the effective date of the change, you have agreed to the new term(s).

(11) Notices.

Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding a check or other item, you must give us sufficient information to be able to identify the check or item, including the precise check or item number, amount, date and payee. Written notice we give you is effective when it is deposited in the United States Mail with proper postage and addressed to your mailing address we have on file. Notice to any of you is notice to all of you.

(12) Statements.

Your Duty to Report Unauthorized Signatures, Alterations, and Forgeries.

You must examine your statement of account with "reasonable promptness." If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer.

You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.

You further agree that if you fail to report any unauthorized signatures, alterations or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.

Your Duty to Report Other Errors.

In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error - such as an encoding error. In addition, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing indorsements or any other problems. You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely yours.

Errors Relating to Electronic Fund Transfers or Substitute Checks (For consumer accounts only).

For information on errors relating to electronic fund transfers (e.g., computer, debit card or ATM transactions) refer to your Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution. For information on errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights.

(13) Direct Deposits.

If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.

(14) Temporary Account Agreement.

If the account documentation indicates that this is a temporary account agreement, each person who signs to open the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time.

(15) Setoff.

We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt any of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any funds in the account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a partner for the partnership debt. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date.

This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor's right of withdrawal only arises in a representative capacity, or (d) setoff is prohibited by the Military Lending Act or its implementing regulations. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.

(16) Check Processing.

We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and indorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have exercised ordinary care if our automated processing is consistent with general banking practice, even though we do not inspect each item. Because we do not inspect each item, if you write a check to multiple payees, we can properly pay the check regardless of the number of indorsements unless you notify us in writing that the check requires multiple indorsements. We must receive the notice in time for us to have a reasonable opportunity to act on it, and you must tell us the precise date of the check, amount, check number and payee. We are not responsible for any unauthorized signature or alteration that would not be identified by a reasonable inspection of the item. Using an automated process helps us keep costs down for you and all account holders.

(17) Check Cashing.

We may charge a fee for anyone that does not have an account with us who is cashing a check, draft or other instrument written on your account. We may also require reasonable identification to cash such a check, draft or other instrument. We can decide what identification is reasonable under the circumstances and such identification may be documentary or physical and may include collecting a thumbprint or fingerprint.

(18) Truncation, Substitute Checks, and Other Check Images.

If you truncate an original check and create a substitute check, or other paper or electronic image of the original check, you warrant that no one will be asked to make payment on the original check, a substitute check or any other electronic or paper image, if the payment obligation relating to the original check has already been paid. You also warrant that any substitute check you create conforms to the legal requirements and generally accepted specifications for substitute checks. You agree to retain the original check in conformance with our internal policy for retaining original checks. You agree to indemnify us for any loss we may incur as a result of any truncated check transaction you initiate. We can refuse to accept substitute checks that have not previously been warranted by a bank or other financial institution in conformance with the Check 21 Act. Unless specifically stated in a separate agreement between you and us, we do not have to accept any other electronic or paper image of an original check.

(19) Remotely Created Checks.

Like any standard check or draft, a remotely created check (sometimes called a telecheck, preauthorized draft or demand draft) is a check or draft that can be used to withdraw money from an account. Unlike a typical check or draft, however, a remotely created check is not issued by the paying bank and does not contain the signature of the account owner (or a signature purported to be the signature of the account owner). In place of a signature, the check usually has a statement that the owner authorized the check or has the owner's name typed or printed on the signature line.

You warrant and agree to the following for every remotely created check we receive from you for deposit or collection: (1) you have received express and verifiable authorization to create the check in the amount and to the payee that appears on the check; (2) you will maintain proof of the authorization for at least 2 years from the date of the authorization, and supply us the proof if we ask; and (3) if a check is returned you owe us the amount of the check, regardless of when the check is returned. We may take funds from your account to pay the amount you owe us, and if there are insufficient funds in your account, you still owe us the remaining balance.

(20) Unlawful Internet Gambling Notice.

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.

(21) ACH and Wire Transfers.

This agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearing house association rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. Credit entries may be made by ACH. If we receive a payment order to credit an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.

(22) Facsimile Signatures.

Unless you make advance arrangements with us, we have no obligation to honor facsimile signatures on your checks or other orders. If we do agree to honor items containing facsimile signatures, you authorize us, at any time, to charge you for all checks, drafts, or other orders, for the payment of money, that are drawn on us. You give us this authority regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimen filed with us, and contain the required number of signatures for this purpose. You must notify us at once if you suspect that your facsimile signature is being or has been misused.

(23) Authorized Signer (Individual Accounts only).

A single individual is the owner. The Authorized Signer is merely designated to conduct transactions on the owner's behalf. The owner does not give up any rights to act on the account, and the Authorized Signer may not in any manner affect the rights of the owner or beneficiaries, if any, other than by withdrawing funds from the account. The owner is responsible for any transactions of the Authorized Signer. We undertake no obligation to monitor transactions to determine that they are on the owner's behalf. The owner may terminate the authorization at any time, and the authorization is automatically terminated by the death of the owner. However, we may continue to honor the transactions of the Authorized Signer until: (a) we have received written notice or have actual knowledge of the termination of authority, and (b) we have a reasonable opportunity to act on that notice or knowledge. We may refuse to accept a Authorized Signer.

(24) Restrictive Legends or Indorsements.

The automated processing of the large volume of checks we receive prevents us from inspecting or looking for restrictive legends, restrictive indorsements or other special instructions on every check. Examples of restrictive legends placed on checks are "must be presented within 90 days" or "not valid for more than $1,000.00." The payee's signature accompanied by the words "for deposit only" is an example of a restrictive indorsement. For this reason, we are not required to honor any restrictive legend or indorsement or other special instruction placed on checks you write unless we have agreed in writing to the restriction or instruction. Unless we have agreed in writing, we are not responsible for any losses, claims, damages, or expenses that result from your placement of these restrictions or instructions on your checks.

(25) Account Transfer.

This account may not be transferred or assigned without our prior written consent.

(26) Indorsements.

We may accept for deposit any item payable to you or your order, even if they are not indorsed by you. We may give cash back to any one of you. We may supply any missing indorsement(s) for any item we accept for deposit or collection, and you warrant that all indorsements are genuine.

To ensure that your check or share draft is processed without delay, you must indorse it (sign it on the back) in a specific area. Your entire indorsement (whether a signature or a stamp) along with any other indorsement information (e.g., additional indorsements, ID information, driver's license number, etc.) must fall within 1 1/2" of the "trailing edge" of a check. Indorsements must be made in blue or black ink, so that they are readable by automated check processing equipment.

As you look at the front of a check, the "trailing edge" is the left edge. When you flip the check over, be sure to keep all indorsement information within 1 1/2" of that edge.

OAC-img-1

It is important that you confine the indorsement information to this area since the remaining blank space will be used by others in the processing of the check to place additional needed indorsements and information. You agree that you will indemnify, defend, and hold us harmless for any loss, liability, damage or expense that occurs because your indorsement, another indorsement, or information you have printed on the back of the check obscures our indorsement. These indorsement guidelines apply to both personal and business checks.

(27) Death or Incompetence.

You agree to notify us promptly if any person with a right to withdraw funds from
your account(s) dies or is adjudicated (determined by the appropriate official) incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay or certify checks drawn on or before the date of death or adjudication of incompetence for up to ten (10) days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the account.

(28) Fiduciary Accounts.

Accounts may be opened by a person acting in a fiduciary capacity. A fiduciary is someone who is appointed to act on behalf of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This account may be opened and maintained by a person or persons named as a trustee under a written trust agreement, or as executors, administrators, or conservators under court orders. You understand that by merely opening such an account, we are not acting in the capacity of a trustee in connection with the trust nor do we undertake any obligation to monitor or enforce the terms of the trust or letters.

(29) Credit Verification.

You agree that we may verify credit and employment history by any necessary means, including preparation of a credit report by a credit reporting agency.

If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your account (termed "legal action" in this section), we will comply with that legal action. Or, in our discretion, we may freeze the assets in the account and not allow any payments out of the account until a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of you. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys' fees and our internal expenses) may be charged against your account. The list of fees applicable to your account(s) provided elsewhere may specify additional fees that we may charge for certain legal actions.

(31) Security.

It is your responsibility to protect the account numbers and electronic access devices (e.g., an ATM card) we provide you for your account(s). Do not discuss, compare, or share information about your account number(s) with anyone unless you are willing to give them full use of your money. An account number can be used by thieves to issue an electronic debit or to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access device and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized. Your account number can also be used to electronically remove money from your account, and payment can be made from your account even though you did not contact us directly and order the payment. You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been lost or stolen. As between you and us, if you are negligent in safeguarding your checks, you must bear the loss entirely yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we substantially contributed to the loss).

Except for consumer electronic funds transfers subject to Regulation E, you agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account, such as positive pay or commercially reasonable security procedures, and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered, unless we acted in bad faith or to the extent our negligence contributed to the loss. If we offered you a commercially reasonable security procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we accept in compliance with an alternative security procedure that you have selected.

(32) Telephonic Instructions.

Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine.

We may monitor or record phone calls for security reasons, to maintain a record and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation.

To provide you with the best possible service in our ongoing business relationship for your account we may need to contact you about your account from time to time by telephone, text messaging or email. However, we must first obtain your consent to contact you about your account because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act and their related federal regulations and orders issued by the Federal Communications Commission (FCC).

- Your consent is limited to this account, and as authorized by applicable law and regulations.
- Your consent does not authorize us to contact you for telemarketing purposes (unless you otherwise agreed elsewhere).

With the above understandings, you authorize us to contact you regarding this account throughout its existence using any telephone numbers or email addresses that you have previously provided to us or that you may subsequently provide to us.

This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voice mail and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device.

If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us.

(34) Claim of Loss.

If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys' fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.

(35) Early Withdrawal Penalties (and involuntary withdrawals).

We may impose early withdrawal penalties on a withdrawal from a time account even if you don't initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your notice of penalty for early withdrawals for additional information.

(36) Address or Name Changes.

You are responsible for notifying us of any change in your address or your name. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you.

(37) Resolving Account Disputes.

We may place an administrative hold on the funds in your account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your account for these reasons.

(38) Waiver of Notices.

To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your account. For example, if you deposit a check and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.

(39) Additional Terms.




Terms and Conditions-IL
Bankers Systems™ VMP®
Wolters Kluwer Financial Services ©2016
TC-IL 3/1/2016