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267759 Regions terms.qxd

1. e A Payee mishandles or delays the handling of Payments sent by us e Your funds are held or frozen or a court order or other legal process prevents us from making a transaction e Your Password or any other account access device has been reported lost or stolen e We have reason to believe that a transaction has not been properly authorized or authenticated or is fraudulent erroneous or illegal e You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Electronic Service or Service Account e Your telephone service has been disconnected or there are deficiencies in the quality of your telephone line e Circumstances beyond our control such as telecommunication or electrical outages and malfunctions postal strikes or delays computer system failures or natural disasters prevent the transaction e Making a transfer would cause us to violate any law rule or regulation to which we are subject or e Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error except for actual damages which do not include indirect incidental special or consequential damages 14 There may be other exceptions to liability stated in this Agreement or in other agreements we have with you or otherwise provided by applicable law Disclosure of Account Information to Third Parties We will disclose information to thi
2. 7 Fees You agree to pay all fees applicable to the Services These fees are listed in this Agreement and or in our schedule of fees and are subject to change from time to time Please contact us as provided in the Errors or Questions section of this Agreement or visit one of our branches for current information about applicable fees Without limiting the generality of the foregoing you agree that we may impose a fee for research requested by you You authorize us to deduct all fees from your Designated Funding Account or to the extent your Designated Funding Account lacks sufficient funds from any of your other accounts maintained with us You also acknowledge that these fees are in addition to any costs you incur for the telephone service or Internet service provider you use to access the Services and are in addition to all service charges and fees applicable to and contained from time to time in our disclosures related to your Service Account s and or other services related to your Service Account s 8 Errors or Questions In case of errors or questions about the Services or in the event you need to contact us pursuant to any of the provisions of this Agreement you should as soon as possible Call 1 866 665 RNET 7638 Fax to 1 800 263 8327 Write to Regions Electronic Banking Attention Regions Customer Service Center P O Box 120 Montgomery Alabama 36101 0120 Please note If your Service Account is maintained at an AmSouth B
3. Please note that the Payment Guarantee described below does not apply to a Recurring Payment if for that specific Payment the Transmit Date is not a date that is at least five 5 business days prior to the Due Date 8 Canceling or Changing Payments a Using the Electronic Service You may use your PC or telephone to electronically change any scheduled Payment or electronically cancel a Payment by following the directions in the applicable Electronic Service application Payments that you have scheduled including Future Payments and Recurring Payments may be canceled changed or rescheduled in this manner any time prior to 6 00 p m Central Time on the Transmit Date Please note that the Electronic Service may offer you certain real time payment and or transfer options that may post transactions to your account immediately You may not be able to change or cancel transactions that have been submitted using these payment and or transfer options Please refer to applicable User s Guides for additional information on these options b Other Otherwise you may request us to stop any Payment you have initiated through the Electronic Service by calling or writing to us at the address and telephone number identified in the Errors or Questions section of this Agreement however subject to the requirements of applicable law and other express terms and provisions of this Agreement we shall have no obligation to stop payment on any Payment tha
4. as provided herein We reserve the right at any time in our discretion to mail to your address that appears in our records or otherwise transmit to you pursuant to any other method to which you have agreed in connection with your Service Account s paper copies of any information disclosures and or notices relating to the Services in lieu of or in addition to electronic versions thereof 18 New Services We may introduce new electronic banking services from time to time By using these new services after they become available you agree to be bound by all terms and conditions applicable thereto 19 Delays You agree that we shall not be liable for any delay in the performance or nonperformance of the Services resulting from any federal or state law regulation or rule the order of any court of competent jurisdiction any Act of God war epidemic strike lockout riot weather conditions equipment failure or malfunction material shortage electrical power disruption or shortage communication failure or any other condition or circumstance not within our reasonable control 20 Applicable Law Regardless of where you live or work or where you access the Services this Agreement any enrollment form and your deposit relationship with us will be governed by the substantive laws excluding conflict of laws principles and regulations of the United States and the state in which the branch where your primary Designated Funding Account was es
5. MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS ACCURACY RELIABILITY OR CURRENCY OF ANY THIRD PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF THE SERVICES NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM US OR THROUGH OR FROM YOUR USE OF THE SERVICE WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS WE MAKE NO WARRANTY EITHER EXPRESS OR IMPLIED TO YOU REGARDING YOUR PC OR RELATED EQUIPMENT OR SOFTWARE INCLUDING WITHOUT LIMITATION FINANCIAL SOFTWARE OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE YOU AGREE THAT NEITHER WE NOR ANY OF OUR OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS PARENTS SUBSIDIARIES AFFILIATES AGENTS LICENSORS OR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY HARMS INJURIES OR CLAIMS WHICH LAWYERS AND COURTS OFTEN CALL DIRECT INDIRECT INCIDENTAL SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS GOODWILL USE DATA OR OTHER INTANGIBLE LOSSES EVEN IF WE HAV
6. You are not permitted in any statement cycle or calendar month whichever period is shorter to make more than six transfers or withdrawals from a savings or money market account to another account you have with us or to a third party by means of preauthorized or automatic transfers or by means of telephonic including data transmission agreement order or instruction or by means of personal computer including online banking and bill payment services No more than three of such six transfers may be made by draft check card or similar order to a third party to the extent permitted by the account Reminder Each Bill Payment transaction transmitted from a money market account or other limited transaction account will count toward such account s transaction limitation during the statement period In any event we may not permit Bill Payments to be made from limited transaction accounts iv Funds transferred from Service Accounts to loan accounts accessible through the Electronic Service will be applied to such loan accounts according to the terms of the agreements establishing such loan accounts v For security reasons we may from time to time impose other limits or restrictions on the number and dollar amount or types of transfers or transactions that you can make using the Electronic Service Also there may be additional limitations described elsewhere in this Agreement and your ability to initiate transactions may be limited by the t
7. at the time the notice is filed The demand for arbitration may be made before or after commencement of any litigation You should contact the AAA or the NAF for more information about arbitration The Rules procedures and forms of the AAA may be obtained by calling the AAA at 800 778 7879 or by visiting the AAA s website at http www adr org The Rules procedures and forms of the NAF may be obtained by calling the NAF at 800 474 2371 or by visiting the NAF s website at http www arb forum com If for any reason the AAA or the NAF is unable or unwilling to serve as arbitration administrator and you and we are unable to agree on another arbitrator we will substitute another national or regional arbitration organization Demand for arbitration under this Agreement must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations otherwise the Claim also is barred in arbitration A Claim by or on behalf of other persons will not be considered in or joined or consolidated with the arbitration proceedings between you and us and a Claim may not be arbitrated on a class action private attorney general or other representative basis Any dispute as to whether any statute of limitations estoppel waiver laches or similar doctrine bars the arbitration of any Claim and any dispute regarding the prohibitions in the preceding sentence shall be decided by the arbitrator s in accordan
8. by applicable law or the terms of the respective deposit agreements governing such accounts The periodic statement will include a description of the transactions completed through the Electronic Service The Payee name including the Payee code as applicable Payment amount and transaction date will be reflected for each Payment made through the Electronic Service c Disclosures of Charges for Transfers or Right to Make Transfers Fees and charges associated with the use of the Electronic Service are disclosed in Part C of this Agreement and in fee schedules and disclosures that have been provided to you in connection with your account Fees are subject to change Please contact us as provided in the Errors or Questions section of this Agreement or visit one of our branches for current information about applicable fees Any charges associated with the use of the Electronic Service are in addition to all service charges and fees applicable to and contained from time to time in our disclosures related to your account and or other services related to your account d Your Liability for Unauthorized Transfers Advisability of Prompt Reporting An unauthorized transfer means a transfer from your account that is initiated by another person without your authority to initiate the transfer and from which you receive no benefit The term does not include any transfer that is initiated by a person who was furnished with the Password by you unless you ha
9. from telling us we may extend the time periods Our Liability for Failure to Make Transfers If we do not properly complete a transfer to or from your Service Account on time or in the correct amount according to the terms of this Agreement and any User s Guide we will be liable for your losses or damages However we will not be liable and any payment guarantee provided elsewhere in this Agreement will not be applicable if any of the following occurs e Through no fault of ours you do not have sufficient collected funds in the Service Account to complete the transaction e The transaction would exceed the credit limit on any overdraft line of credit linked to the Service Account e Your telephone PC Internet service provider telephone line modem or other equipment is not operating properly e The Electronic Service is not working properly and you were aware of the malfunction when you initiated the transaction e You do not properly follow the User s Guide and all other instructional materials provided in connection with the Electronic Service e You do not authorize a Payment within a sufficient period of time for your Payment to be received by the Payee by the Due Date e You have not provided us with the correct Payee name address account information Payment amount or other instructions necessary to complete the Payment or the foregoing instructions stored on your PC s hard drive or the host system have been lost
10. in accordance with the instructions we provide you will not be permitted to enroll in or use any of the online banking Services contemplated by this Agreement Also each time you use or allow others to use the Services you confirm your agreement to abide and be bound by the terms and conditions of this Agreement as in effect at that time The following terms and definitions apply when used in this Agreement Bill Payment or Payment means the remittance of funds initiated through the Electronic Service from a Designated Funding Account to a Payee 3 Designated Funding Account means the eligible account s you have with us from which you may make Bill Payments Only your primary Designated Funding Account may be used for Bill Payments in the telephone banking application Due Date means the date on which your Payment is due to your Payee as reflected in your Payee statement It is not the late date or grace period Financial Software means a third party personal financial management application that may be used in connection with the Services and that is obtained by you for use in connection with the Services The Services do not support all brands and versions of personal financial management applications You should refer from time to time to the online banking application at our website for current information about supported Financial Software Funds Transfer or Transfer means a transfer of fun
11. other right or remedy No waiver shall be valid unless in writing and signed by us A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions Where this Agreement or applicable law permits us to take action or not to take action in our discretion on any matter any action or inaction on our part with respect to such matter shall not obligate us to repeat such action or inaction with respect to similar matters that may subsequently arise Assignment You may not assign or transfer this Agreement or any of your rights thereunder without our prior written acknowledgement and consent which may be granted or withheld in our absolute discretion We may assign this Agreement and or any or all of our rights thereunder or delegate any or all of our responsibilities thereunder to any third party or parties in our discretion and without notice to you subject to the requirements of applicable law Subject to the foregoing this Agreement shall be binding on the parties hereto and their respective successors and assigns Data Recording When you use the Services the transaction and other information you enter may be recorded By using the Services you consent to such recording Change of Terms Electronic Disclosures We have the right to change the terms of this Agreement including the separate sections hereof and or the fees charges features operational elements and other terms and co
12. request reports from credit bureaus and consumer reporting agencies for such purpose You also agree that we may obtain information regarding your Payee account in order to facilitate proper handling and crediting of your Payments 2 _ Overdraft You agree not to use or attempt to use the Electronic Service to overdraw any Service Account to exceed your limit on any credit account or to engage in any transaction that is not specifically authorized and permitted Such use or attempted use may result in the immediate cancellation of the Electronic Service and the Service Accounts and may expose you to possible legal action We may honor instructions to initiate transactions on the same business day whether received through the Electronic Service ATM or point of sale POS terminals checks or other means in any order we determine even if honoring a particular item or instruction results in an insufficient balance in the Service Account to honor other instructions that otherwise could have been honored If there are insufficient funds in the Service Account to complete the transaction you have initiated we may either refuse to honor the request or complete the transaction and thereby overdraw the Service Account in our discretion In either event you are responsible for any insufficient funds or overdraft charges that we may impose 22 Special Provisions for Non Consumer Users of Electronic Service The terms and provisions of this sect
13. the compatibility of the Services with all modem types computer systems internet browsers hardware and or software Equipment You are responsible for obtaining and properly installing and maintaining all telephone equipment and services internet connection services computer hardware and software and any and all necessary upgrades thereto including if applicable Financial Software and upgrades thereto and other equipment necessary for you to access and use the Services We are not responsible for any computer viruses problems or malfunctions resulting from any computer viruses or related problems that may be associated with the use of an online system We recommend that you routinely update your anti virus software apply all security patches for your operating system and install a firewall on your PC We are not responsible for any errors or failures resulting from defects in or malfunctions of any software including Financial Software on your PC You agree to all terms and conditions of any license agreement that accompanies your Financial Software If you have any questions regarding the operation of your Financial Software rather than the capabilities functions and features of the Services you should contact the manufacturer of your Financial Software Transaction Authorization Protecting Your Password Pursuant to the deposit account agreement s you have with us each depositor on a multi party account is the attorney in fa
14. AGREEMENT AND DISCLOSURE STATEMENT FOR ELECTRONIC BANKING SERVICES AND eSTATEMENTS Effective beginning June 2007 Mn REGIONS Introduction Welcome to electronic banking at Regions Bank This Agreement and Disclosure Statement for Electronic Banking Services and eStatements the Agreement describes the terms and conditions for the use of our online and telephone banking and bill payment services described in Part A below the Electronic Service and our online account statements service described in Part B below the Statement Service You should read this Agreement carefully and keep an electronic or hard copy of it with your other account records By enrolling for the use of any Service contemplated by this Agreement or by using or allowing any others to use any Service in relation to any of your accounts you accept and agree to the terms and conditions of this Agreement as may be in effect from time to time This Agreement consists of an Introduction section and three main parts Part A provides the terms and conditions for use of the Electronic Service In order to use the Electronic Service described in Part A you must have at least one account with us that is eligible for the Electronic Service you must enroll for the Electronic Service either by enrolling with one of our customer service representatives or by completing the online enrollment process at our website and in order to use the online banking functi
15. Agreement No Unilateral Alterations to this Agreement or any Enrollment Form by You Neither this Agreement nor any enrollment form may in any way be altered by you without our express written agreement Any attempt by you to alter either this Agreement or any enrollment form without our express written agreement shall be void and shall have no legal effect You hereby agree to indemnify and hold us harmless from and against any and all claims losses liabilities penalties expenses and punitive and other damages including without limitation reasonable attorneys fees directly or indirectly resulting from relating to or arising in connection with any successful or unsuccessful attempt by you to alter either this Agreement or any enrollment form without our express written agreement You acknowledge and agree that no practice or course of dealing between you and us nor any oral representations or communications by you and or any of our agents employees or representatives which vary the terms and conditions of this Agreement shall constitute a modification or amendment of the terms and conditions of this Agreement Waivers No delay or omission by us in exercising any rights or remedies under this Agreement or applicable law shall impair such right or remedy or be construed as a waiver of any such right or remedy Any single or partial exercise of a right or remedy shall not preclude further exercise of that right or remedy or the exercise of any
16. CES BY ANY OF YOUR CO DEPOSITORS OR ANY OTHER PERSON WHOM YOU HAVE PERMITTED TO USE THE SERVICE YOUR BREACH OF THIS AGREEMENT YOUR INFRINGEMENT MISUSE OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY AND OR YOUR COMMISSION OF FRAUD OR ANY OTHER UNLAWFUL ACTIVITY OR CONDUCT ARBITRATION AND WAIVER OF JURY TRIAL Either you or we may choose to have any disputes between you and us resolved by binding arbitration as provided below Rights that you or we would have in court may not be available in arbitration It is important that you read this entire arbitration provision By enrolling for activating and or using any of the Services you and we agree that upon written demand for arbitration made by you or us all disputes controversies and claims subject to the provisions below and regardless of whether based on contract fraud tort intentional tort statute regulation constitution common law equity or otherwise and whether pre existing present or future that arise from or relate to a this Agreement your account any transaction involving your account or any advertisements promotions or oral or written statements related to your account or this Agreement b the relationships that result from the account or this Agreement including to the fullest extent permitted by applicable law relationships with third parties who are not parties to this Agreement or this arbitration provision or
17. E BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT WARRANTY TORT INCLUDING WITHOUT LIMITATION NEGLIGENCE STRICT LIABILITY OR OTHERWISE RESULTING OR ARISING IN ANY WAY IN WHOLE OR IN PART FROM a THE USE OF OR THE INABILITY TO USE THE SERVICE b THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS DATA INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM USE OF THE SERVICE c UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA d STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING THE SERVICES e ANY FAILURE OF PERFORMANCE ERROR OMISSION INTERRUPTION DEFECT DELAY IN OPERATION OR TRANSMISSION COMPUTER VIRUS OR LINE OR SYSTEM FAILURE f THE INSTALLATION USE OR MAINTENANCE OF ANY HARDWARE OR SOFTWARE INCLUDING WITHOUT LIMITATION ANY FINANCIAL SOFTWARE OR OTHER EQUIPMENT AND OR g ANY OTHER MATTER RELATING TO THE SERVICES OR YOUR USE THEREOF YOU AGREE TO INDEMNIFY HOLD HARMLESS AND DEFEND US OUR OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS PARENTS SUBSIDIARIES AFFILIATES AGENTS LICENSORS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS LIABILITY 22 1 DAMAGES EXPENSES AND COSTS INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS FEES CAUSED BY OR ARISING FROM YOUR USE OF THE SERVICES OR THE USE OF THE SERVI
18. Electronic Service Financial Software Different Financial Software may have different capabilities and features and the use of the Services may be limited or affected depending on the capabilities of the Financial Software that you elect to use Refer to the user manual for your Financial Software or call us at the telephone numbers s provided in the Errors or Questions section of this Agreement for more information Other Your use of the Electronic Service is subject to the following additional limitations i You acknowledge and agree that any payment of alimony child support taxes or other court directed or governmental payments fines or penalties or any payment to settle a securities transaction through the Electronic Service is prohibited and you agree not to make or attempt to make any such Payments We may process or refuse to process any such Payments in our sole and absolute discretion and in any event to the fullest extent permitted by law you assume all risk relating to the proper scheduling initiation processing transmission receipt and application of such Payments and you release us from any and all claims liabilities and or damages resulting from your making or attempting to make any such Payments through the Electronic Service whether such claims liabilities and or damages arise or would arise under this Agreement or otherwise ii You may not make a Payment in any currency other than U S dollars
19. al that we have made available to you You may notify us by calling us at the telephone number s provided in the Errors or Questions section of this Agreement during our normal business hours Review of eStatements The deposit account agreement that you have with us and or agreements and disclosures regarding your Statement Service Accounts with us describe your obligations and responsibilities with respect to timely examining your periodic account statements and reporting errors and discrepancies to us These obligations and responsibilities are applicable to your examination and review of the eStatements You agree that you will not alter any information in any eStatement or Other Statement Material and you agree that our record of any eStatement or Other Statement Material is the best evidence of the information set forth in such eStatement or Other Statement Material as applicable 18 Part C Miscellaneous 1 PC Specifications In order to use the online banking functions of the Electronic Service and the Statement Service your PC must meet current minimum technical specifications Technical requirements and specifications regarding the use of the Services may be described elsewhere in this Agreement including the E Sign Consent or in applicable User s Guides You also may refer to the online banking application at our website for current information on supported hardware software and other equipment We do not guarantee
20. ank location and has not yet converted to a Regions branded account you will be notified advance about the timing and effect of account conversion you should contact us as follows until conversion Call 1 800 AMSOUTH 1 800 267 6884 Write to AmSouth Electronic Banking Operations P 0 Box 830843 Birmingham Alabama 35283 9 Termination You may terminate your use of the Services at any time by calling or writing us as provided in the entitled Errors or Questions section of this Agreement a Electronic Services You must notify us at least ten 10 business days prior to the date on which you wish to have the Electronic Service terminated We may require that you put your request in writing If you have scheduled transactions with a Transmit Date within this ten day period you also must separately cancel those transactions however we reserve the right to cancel all scheduled transactions as soon as practicable upon receipt of notice of termination from you If we have not completed processing your termination request and you have not otherwise canceled scheduled transactions you will be responsible for transactions with Transmit Dates during the ten 10 business days following our receipt of your notice of termination subject to the requirements of applicable law If you would like to transfer the Electronic Service to a different account with us or add or remove an account with respect to the Electronic Service you must provide te
21. ation on your PC or call and login to our telephone banking application as applicable ii select the Service Accounts which will be debited credited in connection with the transaction iii enter the amount of the Funds Transfer iv enter the Transmit Date you desire for the Funds Transfer and v otherwise follow any User s Guide instructions provided by the Electronic Service A Funds Transfer request whether it is a Same Day Funds Transfer or a Future Dated Transfer may not result in an immediate transfer of funds or immediate funds availability because of the time required to process the transaction Please note however that the Electronic Service may offer you certain real time Funds Transfer capability that may post transactions to your account immediately You may not be able to change or cancel transactions that have been submitted using these real time options you may however initiate a new Funds Transfer to reverse the original transaction Please refer to applicable User s Guides for additional information on Funds Transfer options Future Dated Transfers may be cancelled or changed through the Electronic Service at any time prior to the Transmit Date Same Day Funds Transfer A Same Day Funds Transfer must be entered by 6 00 p m Central Time on a business day in order for the transfer to be posted to your account on the same day Future Dated Transfers A request to transfer funds between Service Accounts may be scheduled
22. c the scope or enforceability of this Agreement collectively a Claim shall be settled by binding arbitration You or we may choose either the American Arbitration Association AAA or the National Arbitration Forum NAF within ten 10 days of the written demand for arbitration to conduct any arbitration that you or we respectively may bring under this Agreement or you and we may agree upon a different arbitrator In any event any arbitration under this Agreement shall be conducted in accordance with any applicable rules of the arbitrator or arbitration organization Rules If an arbitrator other than the AAA is chosen the Rules of the AAA will be applied to any circumstance that is not addressed by the Rules of the chosen arbitrator In the event of any inconsistency between this Agreement and the Rules such inconsistency shall be resolved in favor of this Agreement This arbitration provision is made pursuant to a transaction involving interstate commerce and the Federal Arbitration Act the FAA shall apply to the construction interpretation and enforceability of this arbitration provision notwithstanding any other choice of law provision contained in this Agreement Either you or we may initiate arbitration by giving written notice of the intention to arbitrate to the other party and if you or we choose to use the AAA or the NAF by filing notice with the AAA or the NAF in accordance with the Rules in effect
23. ce with the provisions of this arbitration provision 23 12 Nothing in this arbitration provision shall limit the right of you or us whether before during or after the pendency of any arbitration proceeding to exercise any self help remedies including without limitation set off foreclosure repossession and sale of collateral or other self help enforcement of a security interest or to bring an action exclusively for provisional or ancillary remedies or injunctive or other traditionally equitable relief including without limitation filing an interpleader action which includes no monetary damages You and we agree that the taking of these actions or any other participation in litigation by you or us does not waive any right that either you or we have to demand arbitration at any time with respect to any subsequent or amended Claim filed against you or us after commencement of litigation between you and us Where the aggregate of all Claims by both you and us does not exceed 100 000 any expedited procedures provided in the Rules Expedited Procedures shall apply and a single arbitrator shall decide the Claims Where the aggregate of all Claims by both you and us exceeds 100 000 a panel of three arbitrators shall decide all Claims Each arbitrator whether or not acting under Expedited Procedures shall be an active member in good standing of the Bar for any state in the continental United States and shall be either a actively e
24. count for which you will initiate Payment and Transfer transactions through the telephone banking application If you have authorized us to make preauthorized fixed payments or transfers for you the Payee list also will show the amount of each such payment or transfer and when and how long such payments or transfers will be made Scheduling Payments To electronically schedule a Payment using your PC or touchtone telephone you must i using applicable Password s login to the online banking application at our website or launch your Financial Software application on your PC or call and login to our telephone banking application as applicable ii select a Payee from your list of Payees or enter the Payee code if using the telephone banking application as applicable iii select the appropriate Service Account from which the funds will be withdrawn only your primary Designated Funding Account may be used for Bill Payments in the telephone banking application iv enter the amount of your Payment v enter the Transmit Date you desire for the Payment or for Recurring Payments if applicable the recurring Transmit Date you desire for the Recurring Payment for the specified recurring period e g the fifth Sth of each month and vi otherwise follow any User s Guide instructions provided by the Electronic Service Any Payments made using the Electronic Service require sufficient time for the Payee to credit your account properly To a
25. ct for all other depositors on the account for all business conducted with respect to the account You confirm the attorney in fact status of your co depositors and you acknowledge and agree that you or any of your co depositors may enroll your accounts in and activate any of the Services consent and agree to the terms and conditions for any of the Services including without limitation the E Sign Consent and or terminate any of the Services on behalf of all depositors on the accounts in accordance with the terms of this Agreement You authorize us to follow any instructions entered through the Services using your Password notwithstanding any dual or multiple signature requirement identified on the signature card or other documents relating to your Service Accounts You agree and intend that the authorization of transactions through the Services shall be considered the same as your written signature in authorizing us to perform any action relating to the transactions requested You also agree that use of your Password is the agreed security procedure to access the Services and that such security procedure is commercially reasonable You agree to keep your Password confidential to prevent unauthorized access to your Service Accounts and to prevent unauthorized use of the Services You agree not to give your Password or make it available to any person or entity who is not authorized to access your Service Accounts for the purpose of performing the
26. ds initiated through the Electronic Service from one eligible Service Account to another Future Dated Transfer means a Funds Transfer that will be initiated on a future day depending on your selection of the Transmit Date Future Payment means a Payment other than a Recurring Payment that will be initiated on a future business day depending on your selection of the Transmit Date Password means a personal or secret code or personal identification number PIN selected by you or issued to you by us as the case may be that will be used to obtain access to the Services The term includes any additional access numbers words or codes required by the applications or equipment that you use in connection with the Services or that are otherwise established by you Payee means any person or entity to which you direct a Payment through the Electronic Service PC means a personal computer including without limitation any personal data assistant or other wireless computing or access device that meets the requirements for use of the Services Recurring Payment means a regular Payment that is automatically made during recurring intervals permitted by the Electronic Service based on a recurring Transmit Date Same Day Funds Transfer means a Funds Transfer that will be posted to your account on the same day that you request the funds transfer through the Electronic Service if received by the applicable cuto
27. e Payment that results in a Transmit Date of August 5th and August 5th is a Saturday then the Transmit Date for that Future Payment would be rescheduled on August 7th provided that August 7th is a business day Please note that the Payment Guarantee described below does not apply to a Future Payment if the Transmit Date for the Future Payment is not a date that is at least five 5 business days prior to the Due Date Recurring Payment If the Transmit Date for any Recurring Payment falls on a day other than a business day or is a day that does not exist for the specified recurring period then the Transmit Date for that Recurring Payment will be rescheduled on the next following business day of the specified period For example if the 5th day of each month is normally the Transmit Date for a Recurring Payment and in one month during the recurring period the 5th falls on a Saturday then the Transmit Date for the Recurring Payment to be made for that month would be the 7th day of the month provided that the 7th is a business day Differences in the days of the week may reduce the number of business days between your scheduled Transmit Date and your Due Date in any specified recurring period In order to ensure that your Recurring Payments are always initiated at least five 5 business days before your Due Date we recommend that you schedule the Transmit Date for each Recurring Payment to be at least ten 10 calendar days prior to your Due Date
28. e terms of this section are applicable only if we offer this option as part of the Electronic Service Business Days Electronic Service Hours Our business days are Monday through Friday Holidays and days on which we may be closed due to emergency conditions are not included Payment transactions may be initiated only on business days however the Electronic Service is available 24 hours a day seven days a week with the exception of maintenance periods for the scheduling modification or review of Payment transactions for balance inquiries and for other Electronic Service functions and transactions If the Transmit Date for a Payment falls on a Saturday Sunday or bank holiday or if you request us to initiate a Payment after 6 00 p m Central Time on a business day then the Transmit Date will be rescheduled automatically for the next following business day We may however debit your Designated Funding Account for the amount of the transaction on the originally scheduled Transmit Date Accounts Eligible for Electronic Service From time to time we may change the accounts that may be designated and used as Service Accounts We also reserve the right to refuse to include any account among your Service Accounts and the right to reject transactions between or among Service Accounts and other accounts as applicable under certain circumstances as provided in this Agreement or as may be required by applicable law Authorization You agree tha
29. erms of other agreements you have with us or as described in other disclosures we have made to you or by applicable law You agree to abide by and be bound by all applicable limitations Applicable User s Guides may provide additional information regarding limitations and restrictions 2 Your Payee List a Payee Information You must provide sufficient information about each Payee as we may request from time to time to properly direct a Payment to that Payee and permit the Payee to identify the correct account to credit with your Payment This information may include among other items the name and address of the Payee and your Payee account number You are responsible for ensuring that the Payee information you provide is current accurate and complete and you assume responsibility for any transaction error that results from stale inaccurate or incomplete Payee information furnished or entered into the Electronic Service application by you If you notice that the Electronic Service contains any incorrect Payee information you agree to correct such information immediately You may from time to time add or delete Payees or change information with respect to Payees using the online banking function of the Electronic Service or by calling us at the telephone number s provided in the Errors or Questions section of this Agreement You must allow five 5 business days after your additions deletions and changes are communicated to us befo
30. ff time Same Day Payment means a Payment that will be initiated on the same day that you enter the Payment information through the Electronic Service if received by the applicable cutoff time Service Account means any account that you maintain with us and for which you use any function or feature of the Electronic Service including i your Designated Funding Account s ii all other deposit accounts eligible for the Electronic Service iii eligible lines of credit from which funds may be transferred to other eligible Service Accounts iv other asset accounts such as IRAs which may be funded from other eligible Service Accounts and v any other eligible account or financial product accessed using the Electronic Service All of these Service Accounts are subject to this Agreement We reserve the right to determine the eligibility and or ineligibility of any account as a Service Account at any time and from time to time in our sole and absolute discretion and without notice to you subject to the requirements of applicable law Services means collectively the Electronic Service and the Statement Service Transmit Date means i with respect to Bill Payments the date on which the Bill Payment is to be initiated for remittance to the Payee and ii with respect to Fund Transfers the date on which the Funds Transfer is to be initiated for processing User s Guide means any instructional materials or informat
31. for a future date Future Dated Transfers may be scheduled as a one time request or a recurring request based on the instructions entered with the request Future Dated Transfers will be initiated on the Transmit Date requested not on the date you enter the transaction into the Electronic Service application Future Dated Transfers will transmit on any day including holidays weekends and non business days For example if you entered a Future Dated Transfer that results in a Transmit Date of August 5th and August 5th is a Saturday then the transfer will be initiated on Saturday August 5th Deposit Only Account If offered as part of the Electronic Service you may designate through the Electronic Service an account maintained with us by another person for the purpose of making deposits to that account from funds in your eligible Service Accounts You may do so on a one time or recurring basis Transfers from your eligible Service Accounts to third party accounts will be made in the same manner as Transfers among your Service Accounts We reserve the right to determine the eligibility and or ineligibility of any third party account for this service at any time and from time to time in our sole and absolute discretion and without notice to you This service is restricted to deposit Transfers only You will not be able to otherwise access or view a third party account for any reason We may offer the deposit only account option at our discretion and th
32. information with any other person or entity or from using the information for any purpose that is not related to the Services or your financial relationship with us e In the event that you believe that an unauthorized person has gained access to your computer system you agree to immediately notify us so that we can cease communication of information to you via e mail until you and we take measures agreed to jointly to protect your financial information e Having acknowledged the risks associated with communicating financial information via e mail you a agree that we have no obligation to monitor or investigate the use of your computer system or the source of any communication received from you bearing your email address b release us from any claim or liability arising from or in connection with any communications sent or received using e mail and c agree to indemnify and hold harmless us from all claims losses expenses or liability arising in any way out of or connected in any way with the use of e mail as contemplated by this Agreement e To the extent any other agreement between you and us requires you to deliver written notice to a particular address regarding any matter you agree that these provisions regarding the use of e mail do not displace or modify any such requirement for a written notice and you agree to comply with any requirement for a written notice without reference to these provisions regarding the use of e mail 20
33. ion as amended from time to time provided in connection with the Services We us and our means or refers to as the context may require Regions Bank including Regions Bank doing business as AmSouth Bank or any affiliate of Regions Financial Corporation with which you have established one or more Service Accounts and any agent independent contractor designee or assignees that we may in our sole discretion involve in the provision of the Services 1 AmSouth Bank is a trade name and division of Regions Bank 4 You your and yours means or refers to i each and every person who now or hereafter is an account holder with respect to or has any interest in any Service Account and ii each and every person who now or hereafter subscribes to or uses the Services Other definitions may appear elsewhere within this Agreement Part A Electronic Service 1 General Service Description a Electronic Banking Transactions You may use the Electronic Service to perform the following transactions with your PC or touchtone telephone as applicable e Make Payments to a Payee from your Designated Funding Account s e Review past or scheduled Payments from your Designated Funding Account s e Order Funds Transfers among eligible Service Accounts e Order Funds Transfers from eligible Service Accounts to certain loan accounts accessible through the Electronic Service e Perform balance in
34. ion are applicable to you to the extent that you are a non consumer user of the Electronic Service Such terms and provisions do not apply to you to the extent that the Electronic Service is used by you or the applicable Service Account has been established 11 by you primarily for personal family or household purposes In the event that the following terms and provisions conflict or are inconsistent with any of the other terms and provisions of this Agreement the following terms and provisions shall govern and control the conflict or inconsistency with respect to non consumer use of the Electronic Service a Transmission of Information Unauthorized Use You agree that we may transmit confidential information including without limitation Password confirmations to the current address shown in our records for any of your Service Accounts or to the e mail address you have provided in connection with your use of the Electronic Service whether or not that address includes a designation for delivery to the attention of any particular individual You further agree that we will not be responsible or liable to you in any way in the event that such properly addressed information is intercepted by an unauthorized person either in transit or at your place of business In addition to any other security precautions set forth in this Agreement you agree to keep your Password secure and strictly confidential providing it only to authorized signers on y
35. ll have the right at our option and without notice to you to pay or not pay any such check that is not presented to us for payment within 120 days after the issue date on the check After a check has become stale dated the amount of the check will be credited back to your account from which the funds were drawn and the check will become void 11 Reviewing Payments The Electronic Service automatically stores records of past Payments and Payments scheduled for the future The number of records that will be stored for any particular time period will vary at our discretion 12 Performing Account Inquiries and Fund Transfers You may use the Electronic Service to determine the balance and recent activity in Service Accounts and to transfer funds among eligible Service Accounts Any balance or recent activity provided through the Electronic Service will include a date as of when the balance is current The balance or recent activity provided through the Electronic Service may include deposits still subject to verification by us Also the balance or recent activity provided may differ from your records because it may 9 13 14 15 16 17 18 not include deposits in process outstanding checks or other withdrawals payments or charges To electronically schedule a Funds Transfer using your PC or touchtone telephone you must i login to the online banking application at our website or launch your Financial Software applic
36. locations outside the United States you do so at your own risk Construction of Defined Terms As appropriate the singular number shall include the plural and the plural shall include the singular Headings The headings used in this Agreement are for convenience only and shall not be held to limit or affect the terms of this Agreement Severability If a court of competent jurisdiction or arbitrator as applicable finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances If feasible any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity however if the offending provision cannot be so modified it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable 27 SERVICE FEES Telephone Banking with Bill Payment Free But please note that certain fees may apply to agent assisted transactions Refer to fee disclosures provided in connection with your account or contact us as provided in the Errors or Questions section of this Agreement Consumer Online Banking only no Bill Payment Free Consumer Online Banking with Bill Payment Free with new online banking enrollment or 5 95 per month Unlimited online sessions and Bill Payments Online Banking f
37. losure supplements other electronic fund transfer disclosures that you may receive in connection with other electronic fund transfer services affecting your accounts a Types of Available Transfers and Limits on Transfers i Telephone and PC Transactions The Electronic Service allows you to use your telephone or PC as applicable to make Payments to Payees from your eligible designated Service Account s to transfer funds between eligible designated Service Accounts and to review account activity and balance information for eligible designated Service Accounts These transactions and other services available through the Electronic Service are described in detail in Part A of this Agreement and in other parts of this Agreement ii Limitations on Dollar Amounts and Frequency of Transfers Limitations apply to transfers and transactions that may be made through the Electronic Service These limitations are described in detail in Part A of this Agreement and in other parts of this Agreement b Right to Receive Documentation of Transfers All of your transactions completed through the Electronic Service will appear on your periodic deposit account statement You will receive a periodic account statement each month for each deposit account from which or into which a transaction through the Electronic Service has been completed during the month For all other deposit accounts you will receive a periodic statement at least quarterly or as required
38. ment Service Subject to the terms of this Agreement when you activate the Statement Service neither you nor any of your co depositors will receive any further mailed paper statements or any of the cancelled checks or check images that accompany them for any of your Statement Service Accounts whether such Statement Service Accounts exist as of the time of Statement Service activation or are subsequently added to your Electronic Service enrollment and all such subsequent periodic statements for such Statement Service Accounts will be furnished electronically as provided in this Agreement provided however we may continue to mail paper statements as well as provide electronic versions of the statements for approximately two 2 months following your activation of the Statement Service In our discretion we may also furnish you with electronic versions of Other Statement Material that relates to your Statement Service Accounts as provided in this Agreement Accessing eStatements and Other Statement Material We will post the periodic eStatements for your Statement Service Account at our online banking website In order to access the eStatements you must login to the online banking application at our website with your username and Password and click on the eStatements link You will need Adobe Acrobat Reader version 5 0 or later to view print and or save your eStatements you also may need such software to view print and or
39. n 10 business days advance written notice b Statement Service If the Statement Service is terminated with respect to any Statement Service Account we will resume mailing paper statements for such Statement Service Account together with the disclosures notices documentation and information that accompany such statements according to the terms of the deposit agreement governing such Statement Service Account or as required by applicable law to the postal address es in our records for such Statement Service Account beginning with the periodic statement next following the termination of the Statement Service provided however that you agree that we shall have a reasonable opportunity to act upon such termination Termination of the Statement Service with respect to any Statement Service Account will result in the termination of the Statement Service for all Statement Service Accounts unless you make arrangements with us to continue the Statement Service with respect to particular Statement Service Accounts Termination of your enrollment in the online banking function of the Electronic Service will automatically terminate the Statement Service with respect to all Statement Service Accounts Certain changes to your Statement Service Accounts e g removing your name from the account also may have 21 the effect of terminating the Statement Service We may terminate your enrollment in the Statement Service without notice to you in the eve
40. nd regulations constitute a part of this Agreement This Agreement constitutes the current sole and entire agreement between you and us with respect to the Services and any and all prior agreements with respect to the Services are superseded by this Agreement This Agreement supplements but does not replace other agreements terms and conditions governing your Service Accounts and or any other services used by you in relation to the Service Accounts Such other agreements terms and conditions remain in full force and effect and we may apply the provisions thereof to your use 24 13 14 15 16 17 of the Services as the context may require including but not limited to provisions relating to the ownership of website content and other intellectual property and provisions relating to our use of your comments suggestions and ideas regarding our products and services as set forth in the Regions Website Terms of Use provided however that in the event of a conflict between the terms of this Agreement and those of any other agreement the express terms of this Agreement shall control with respect to the Services You further acknowledge and agree that the E Sign Consent which you have accepted in connection with your enrollment for the Services and any User s Guide or other instructional materials including without limitation on screen help that we furnish in connection with providing the Services constitute a part of this
41. nditions applicable to the Services at any time and from time to time in our discretion Any changes we make will be effective as of the time we determine with or without notice to you provided that we will furnish you with notice of changes as required by applicable law Subject to any notice requirements provided by applicable law you expressly agree that we may from time to time in our discretion add to modify and or delete administrative and operational features and elements applicable to the use of the Services including without limitation User s Guides and or make any changes that are in your favor without notice to you If you do not agree to any change or amendment relating to terms and conditions of this Agreement or the Services you must terminate your use of the Services By using any of the Services after any such change or amendment you agree to that change or amendment 25 You agree that we may send change of terms notices to you as well as any information disclosures and or notices relating to the Services including without limitation the eStatements and the Other Statement Material in electronic form either by posting such information disclosures and notices in the online banking application at our website or the website we designate or by transmitting them or notice of the availability thereof at the applicable website to the e mail address you have provided us in connection with your use of the Services You
42. ng address current and updated with us at all times To notify us of an e mail or mailing address change please call us at the telephone number s provided in the Errors or Questions section of this Agreement during our normal business hours You also may update your e mail address in online banking application at our website Except to the extent otherwise required by applicable law or regulation you agree that we are under no obligation to re send re transmit or otherwise deliver to you any Services notifications or information that we have transmitted to your e mail address and that has been returned undeliverable or otherwise rejected for delivery 6 Electronic Messaging and E mail Conventional e mail is not a secure method of communication over the Internet and we recommend that you not send confidential or privileged information such as account numbers and financial information to us by conventional e mail The Message Center function in the online banking application at our website is a secure method of communication which allows messages to be sent and received within the online banking application An electronic message sent by you will not be immediately received by us No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it If you need to contact us immediately please refer to the Errors or Questions section of this Agreemen
43. ngaged in the practice of law for at least 5 years or b a retired judge of any federal court or any appellate state court You and we agree that the arbitrator s a shall limit discovery to matters directly relevant to the arbitrated dispute b shall grant only relief that is based upon and consistent with substantial evidence and applicable substantive law c shall have authority to grant relief only with respect to Claims asserted by or against you individually d shall not have any authority to require as part of any relief granted that you and we continue any relationship we may have under this Agreement or otherwise and e shall provide a brief written explanation of the basis for the award upon the request of either party and shall make specific findings of fact and conclusions of law to support any arbitration award that exceeds 25 000 Unless inconsistent with applicable law each party shall bear the expense of its respective attorney expert and witness fees regardless of which party prevails in the arbitration We may elect at our sole discretion to pay some or all of your arbitration fees and other costs The arbitrator will decide whether we or you ultimately will be responsible for paying any fees or other costs in connection with the arbitration Any arbitration proceedings shall be conducted in the federal judicial district of your residence or at any other place that you and we select by agreement Judgment upon any awa
44. nt that we determine that your e mail address is no longer current or in the event that any Statement Service notifications or information that we transmit to your e mail address is returned undeliverable or is otherwise rejected for delivery We may terminate or suspend any of the Services at any time in our discretion without notice to you except as required by applicable law or regulation and without liability to you No termination of any Service will affect your liability or obligations under this Agreement accruing prior to the date of termination or any provisions of this Agreement which by their nature are intended to survive termination 10 Exclusion of Warranties Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE SERVICES WILL BE UNINTERRUPTED TIMELY SECURE OR ERROR FREE WE FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY THAT ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED ANY
45. on of the Electronic Service you must electronically accept our Consent for Electronic Communications and Disclosures the E Sign Consent and this Agreement at our website Part B provides the terms and conditions for use of the Statement Service To use the Statement Service described in Part B you first must enroll for the online banking function of the Electronic Service and electronically accept the E Sign Consent and this Agreement as described in the Part A summary above Your original electronic acceptance of this Agreement includes your acceptance of the terms and conditions of Part B and your original electronic acceptance of the E Sign Consent applies to the Statement Service described in Part B However you will not be able to use the Statement Service and Part B will not become effective until the Statement Service has been activated To activate the Statement Service you must click on the eStatements link in the online banking application at our website and follow the online instructions that we provide The instructions may include a procedure for you to accept certain terms and conditions and or to re accept the E Sign Consent and or this Agreement however your original electronic acceptance of the E Sign Consent and this Agreement includes your acceptance of the terms and conditions of Part B of the Agreement and the online instructions may enable you to activate the Statement Service without further disclosure to yo
46. ons as well as restrictions on the types of available transactions with or without notice to you In addition you agree to comply with any limitations or restrictions that otherwise apply to your Service Accounts You agree that we may disclose any information about your Service Accounts to third parties as we deem necessary or convenient for the processing of Electronic Service transactions 12 23 ELECTRONIC FUND TRANSFER DISCLOSURE TO CONSUMERS THE DISCLOSURES AND TERMS IN THIS SECTION ARE APPLICABLE TO YOU ONLY TO THE EXTENT THAT YOUR USE OF THE ELECTRONIC SERVICE AND OR YOUR APPLICABLE SERVICE ACCOUNTS ARE PRIMARILY FOR PERSONAL FAMILY OR HOUSEHOLD USE SUCH DISCLOSURES AND TERMS DO NOT APPLY TO YOU TO THE EXTENT YOUR USE OF THE ELECTRONIC SERVICE IS FOR NON CONSUMER PURPOSES Certain types of transactions that are handled completely or partially by electronics are subject to the Electronic Fund Transfer Act EFT Act These include certain transactions made through the Electronic Service Your rights protection and liabilities as a consumer are outlined in the following disclosure in accordance with the EFT Act Our obligations and liabilities are also summarized for you Please read and become familiar with all parts of this disclosure Be sure to retain the telephone numbers and addresses that you may need in order to limit your liability and to resolve problems that you may have concerning electronic transfers This disc
47. or Business no Bill Payment Free with new online banking enrollment or 9 95 per month Online Banking for Business with Bill Payment Free with new online banking enrollment or 15 95 per month Unlimited online sessions and Bill Payments Microsoft Money Free Quicken Free QuickBooks 19 95 per month CERTAIN SERVICE FEES MAY NOT BE APPLICABLE AND OR MAY BE WAIVED DURING PROMOTIONAL PERIODS OR UNDER OTHER CIRCUMSTANCES AS DETERMINED BY US PLEASE CONSULT YOUR CUSTOMER SERVICE REPRESENTATIVE 2007 Regions Bank Member FDIC O B
48. our Service Account or other trusted employees agents and or persons whom you want to act as your representative to access your Service Account and to instruct each person to whom you give your Password that he or she is not to disclose it to any unauthorized person By using the Electronic Service or permitting others to use the Electronic Service you acknowledge and agree that this Agreement and any other related agreements with us set forth security procedures for electronic banking transactions that are commercially reasonable You agree to be bound by any and all transactions performed through the Electronic Service whether authorized or unauthorized and we shall have no liability to you for any unauthorized transaction or inquiry with respect to your Service Account s made through the Electronic Service b Examining Records and Reporting Discrepancies You agree to examine your periodic account statements promptly and to otherwise promptly and regularly review transaction information available through the Electronic Service and to notify us immediately of any discrepancy between the statements or Electronic Service information and your other account records You should notify us of discrepancies as provided in the Errors or Questions section of this Agreement To the fullest extent permitted by law you agree that in no event will we be liable to you under this Agreement or in performing or failing to perform or in erroneously perfo
49. quiries with respect to Service Accounts accessible through the Electronic Service e Use your PC to view account activity within each Service Account accessible through our online banking application e Use your PC to communicate directly with us via electronic messaging and e Request advances from eligible loan accounts accessible through the Electronic Service to your eligible Service Accounts We may from time to time enhance or expand the Electronic Service by providing additional features functionality and transaction capability Any such enhancements or expansions will be governed by and subject to the terms and conditions of this Agreement Applicable User s Guides may provide additional details and information regarding the functionality of and transactions available through the Electronic Service b Limitations Your use of the Electronic Service is subject to the following limitations Electronic Devices Because of technical limitations you may not be able to perform certain Electronic Service transactions including but not limited to Bill Payments with a wireless computing or access device e g personal data assistants cell phones etc Also certain Electronic Service transactions and services available through the use of your PC may not be available through the use of your telephone and vice versa Foreign Payments Payments to Payees outside of the United States or its territories are prohibited through the
50. r online banking website In our discretion we may at any time provide you with eStatements via e mail transmitted to the e mail address you have provided to us for use in connection with the Electronic Service in lieu of posting the eStatements at our online banking website If we elect to deliver Other Statement Material to you electronically we will send an electronic notification to the e mail address you have provided to us for use in connection with the Electronic Service or otherwise furnish you with such notification as may be permitted or required by applicable law including without 17 limitation by posting Other Statement Material at our online banking website without transmitting any separate notification to you Such notification will include electronic attachments of the Other Statement Material and or instructions or links for accessing the Other Statement Material and or pop ups or other displays of the Other Statement Material at our online banking website or another website You agree to periodically visit our online banking website in order link to and or read and review any Other Statement Material that may be posted Whether we post eStatements and Other Statement Material at our website or transmit them to you as e mail attachments you agree that you will notify us as soon as possible in the event that you experience any technical difficulties in accessing or are unable to access any eStatements or Other Statement Materi
51. rd parties about your account or the transfers you make i Where it is necessary for completing transfers or ii In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant or iii In order to comply with government agency or court orders or iv If you give us your written permission or v Otherwise in accordance with our privacy notice or as described in this Agreement You may obtain a copy of our privacy notice at any time by visiting any of our branches or by visiting our website What Constitutes a Business Day For purposes of these disclosures our business days are Monday through Friday Holidays and days on which we may be closed due to emergency conditions are not included Stopping Preauthorized Payments You may stop Recurring Payments and any other preauthorized electronic fund transfer as defined by Federal Reserve Board Regulation E by calling or writing to us at the address and telephone number identified in the Errors or Questions section of this Agreement We must receive your request three 3 business days or more before the payment is to be made If you call we may also require you to put your request in writing and deliver it to us within fourteen 14 days after you call If we require you to put your request in writing and you fail to provide this written confirmation to us within fourteen 14 days after your call we may not honor yo
52. rd rendered in arbitration may be entered in any court having jurisdiction If you or we seek to bring a joined consolidated or class action and if the portion of this arbitration provision that prohibits the arbitration of consolidated or class actions is deemed invalid or unenforceable the remaining portions of this arbitration provision shall be void and unenforceable If any portion of this arbitration provision other than the prohibition against the arbitration of joined consolidated or class actions is deemed invalid or unenforceable the remaining portions of this arbitration provision will remain valid and enforceable If for any reason this arbitration provision is deemed unenforceable and or with respect to any dispute or matter that may be tried or adjudicated in a court of competent jurisdiction notwithstanding this arbitration provision to the fullest extent enforceable under applicable law YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE THE RIGHT TO HAVE A TRIAL BY JURY OF ANY AND ALL DISPUTES CONTROVERSIES AND CLAIMS UNDER OR RELATED TO THIS AGREEMENT This arbitration provision shall survive termination of this Agreement and or any of the Services and or the closing of any of your accounts Rules Regulations and Other Agreements Entire Agreement You agree to be bound by operating rules and regulations imposed by any networks or clearinghouses in which we participate and or which process Electronic Service transactions Such rules a
53. re these additions deletions or changes become effective We reserve the right in our sole discretion to categorize Payees and to determine at any time the category into which any Payee falls for example Payees may be categorized as individual Payees and or business Payees and to process Payments and other transactions differently for different categories of Payees From time to time we may set or change the number of Payees you may designate to receive Payments through the Electronic Service Additionally to the fullest extent permitted by law we reserve the right to refuse to pay any Payee to whom you may direct a Payment We will notify you in the event we decide to refuse to pay a Payee designated by you however we may not notify you if you attempt to make a Payment prohibited under this Agreement b Telephone Banking If you use the Electronic Service s telephone banking application we will send you a telephone banking Payee list for use when making telephone payments and transfers The telephone banking Payee list will show the telephone number you must call in order to initiate telephone banking transactions your customer identification number which must be entered in addition to any other Password that you use to login to the telephone banking application the account numbers you have provided us for use in connection with the telephone banking application and the codes we have assigned to each Payee and or Service Ac
54. regardless of whether the Payment is a Same Day Payment a Future Payment or a Recurring Payment if applicable all as described herein Therefore in order to provide sufficient time for Payments to be received by your Payees we recommend the Transmit Date for each Payment be at least five 5 business days prior to the Due Date Additional time is required for a Payment to be completed the first time you send a Payment to a Payee through the Electronic Service This additional amount of time allows the Payee to adjust to the new form of payment Accordingly your first Payment to a Payee must be scheduled with a Transmit Date at least ten 10 business days prior to the Due Date Same Day Payment A Same Day Payment must be entered by 6 00 p m Central Time on a business day in order for the Payment to be initiated on the same day Please note that a Payee will not receive payment on the day that you enter a Same Day Payment due to the time that it takes to transmit the Payment Future Payment The Electronic Service may restrict the number of Future Payments allowed for a particular Payee Also a non recurring Future Payment may not be scheduled more than one year in advance If the Transmit Date for a Future Payment falls on a day other than a business day or on a day that does not exist e g February 30 then the Transmit Date for the Future Payment will be rescheduled on the next following business day For example if you enter a Futur
55. rming the transactions contemplated by this Agreement 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 or for any other damages whatsoever notwithstanding any other provisions of this Agreement to the contrary The provisions of this section are not intended to affect and are subject to the express terms and conditions set forth in the Payment Guarantee section of this Agreement c Consumer Protection Inapplicable You acknowledge represent and warrant that all Service Accounts that can be accessed under this Agreement are not accounts established primarily for personal family or household purposes and that your use of the Electronic Service is not primarily for personal family or household purposes Accordingly the provisions of the Electronic Fund Transfer Act as amended 15 U S C 1693 et seq Federal Reserve Regulation E as amended 12 C F R 205 and any other laws or regulations intended for the protection of or governance of transactions involving consumers or consumer accounts do not apply to any Electronic Service transactions affecting your Service Accounts d Limitations and Restrictions Disclosure of Account Information You agree that we in our discretion may from time to time impose limitations and restrictions on the number frequency and dollar amount of Electronic Service transacti
56. rvice 1 Applicability of Part B The terms and provisions of Part B Statement Service of this Agreement become effective upon your enrollment in and activation of the Statement Service as described in the Introduction of this Agreement General Service Description The Statement Service allows you to replace your mailed paper statements for certain deposit accounts with electronic version of the statements eStatements that you may view save to your PC and or print at your convenience The Statement Service also may include in our discretion the delivery to you of electronic versions of the disclosures notices and information that we ordinarily transmit with account statements including but not limited to our annual privacy notice Other Statement Material Accounts Covered by the Statement Service In order to be eligible for and covered by the Statement Service a deposit account i must be a deposit account which may be accessed or monitored through the Electronic Service ii must be a deposit account for which a recurring periodic statement is delivered and iii must be a deposit account for which we archive periodic statements through document imaging a Statement Service Account You acknowledge and agree that we may at any time in our discretion qualify any account for or disqualify any account from eligibility as a Statement Service Account for purposes of this Part B and the State
57. save Other Statement Material A link to the Adobe website will be provided if you need to download the Adobe software An eStatement for any given period may be accessed electronically at our online banking website for approximately twelve 12 months following its initial posting You acknowledge and agree that it is your responsibility to download and save in electronic form or print and retain your eStatements for your records In the event that your eStatements are removed from our online banking website before you save or print and retain a copy or in the event that the Statement Service is terminated by you or us before you save or print and retain a copy of your eStatements you may request your local bank branch to provide paper replacement copies of your statements but you shall be subject to applicable fees for such copies Except as otherwise required by applicable law you acknowledge and agree that it is your responsibility to access the periodic eStatements as they are posted at our online banking website without any notification or cue to do so from us However we may in our discretion or we will if required by applicable law send an electronic notification to the e mail address you have provided to us for use in connection with the Electronic Service or otherwise furnish you with such notification as may be permitted or required by applicable law when an eStatement for your Statement Service Account is ready to be accessed at ou
58. specifically acknowledge and agree that we may periodically transmit to you by e mail welcome notices reminders tips inactivity notices and other messages concerning the use of the Services Subject to the terms and conditions of the E Sign Consent that you have accepted in connection with your enrollment in the Services you further agree and specifically confirm that we may provide you with an electronic record via electronic messaging or delivery as provided above of any and all disclosures and information that we are required by applicable law or regulation to provide in writing including without limitation the Electronic Fund Transfer Act as amended 15 U S C 1693 et seq Federal Reserve Board Regulation E as amended 12 C F R 205 You will be deemed to have received such notices or disclosures three 3 days after we post them in the online banking application at our website or the website we designate or transmit them or notice of the availably thereof at the applicable website to your e mail address as applicable whether or not you have retrieved them by that time You acknowledge and agree that any present or future election by you to include your name in any internal database that we maintain in order to keep a record of who does not wish to receive electronic messaging generally shall not apply to or affect your agreement in this Agreement to receive electronic information disclosures and or notices relating to the Services
59. t You cannot use conventional e mail or Message Center to make a Bill Payment account inquiry or Funds Transfer There may be other limitations to your use of electronic messaging from time to time in effect To the extent you elect to communicate with us using e mail the following provisions apply to those communications e You agree and acknowledge that the information communicated via e mail to or from us may include information regarding any or all of the services that are part of the Services or other services we feel may be of added interest to you e You acknowledge that you have been advised and understand the risks of using e mail with respect to the communication of information regarding the Services and that we are unable to guarantee the authenticity privacy or accuracy of information received or sent by e mail or to monitor the authorization of persons using your e mail address to send or receive information e Inthe event you receive information from us via e mail that you believe is intended for another recipient you agree to immediately return the information to us and to thereafter delete the information from your computer system You shall not use the information for any personal or commercial purposes e You agree that certain information communicated from us to you may be confidential in nature as a communication between you and us You agree to maintain the confidentiality of the information and to refrain from sharing the
60. t has been initiated through the Electronic Service If you request us to assist you in canceling stopping or obtaining a refund of any Payment initiated through the Electronic Service you agree that any such request will be given in a manner that affords us a reasonable opportunity to act upon the request and you agree that we may charge you and you agree to pay the fee applicable to stopping payment on a check as listed from time to time in our fee schedule for deposit accounts If you use the Electronic Service primarily for personal family or household use other procedures and rights for stopping payment on transactions may be available to you as disclosed elsewhere in this Agreement 9 Returned Payments In using the Electronic Service you understand that Payees and or the United States Postal Service may return Payments to the Electronic Service for various reasons such as but not limited to Payee s forwarding address has expired the Payee account number is not valid the Payee is unable to locate the account or the Payee account is paid in full In the event a Payment is returned you authorize us either to research and correct the returned Payment and resubmit it to your Payee or to void the Payment and credit the amount of the Payment to your Designated Funding Account in our discretion 10 Stale Dated Checks Paper checks that are issued to Payees are subject to become void after a reasonable amount of time has lapsed We sha
61. t of the failure of a Payee to receive a Payment made through the Electronic Service by the Due Date if you meet each of the following conditions e Sufficient collected funds are on deposit in the applicable Service Account to cover the amount of the Payment e You have properly scheduled the Transmit Date so that the Payment will be initiated at least five 5 business days ten 10 business days for the first Payment to a Payee prior to the Due Date For Same Day Payments this means that you must enter and submit the Payment information through the Electronic Service before 6 00 p m Central Time on a day at least five 5 business days ten 10 business days for the first Payment to a Payee prior to the Due Date For Recurring Payments and Future Payments this means that you must allow additional time for weekends and holidays that may occur in the future and that will reduce the number of business days between the day the Payment is initiated and the Due Date Please refer to those sections addressing Same Day Payments Future Payments and Recurring Payments for further information e The Payee must be a business e The late payment fee or penalty or the method of its calculation must be published by the Payee prior to the Due Date 20 Verification You authorize us to investigate or reinvestigate at any time any information provided by you in connection with your application for the Electronic Service or the Service Account and to
62. t that the methods and procedures for the authorization and authentication of Electronic Service transactions described in and contemplated by this 10 Agreement constitute commercially reasonable security procedures under applicable law Subject to the requirements of applicable law and other express terms and provisions of this Agreement you are responsible for all Service Account transactions initiated or made through the Electronic Service Without limiting the scope of the preceding sentence if you allow any other person to use your Password or the Electronic Service you will have authorized that person to access your Service Accounts and you are responsible for all transactions that person initiates or authorizes in connection with the Service Accounts You agree to notify us immediately as provided in the Errors or Questions section of this Agreement if you believe that your Password has been lost or stolen or that any Service Account has been or may be accessed without your authorization Telephoning is the best method for limiting your potential losses You agree to take any reasonable actions requested by us to prevent unauthorized transactions to your Service Accounts 19 Payment Guarantee Subject to the limitations terms and conditions of this Agreement and any applicable User s Guide we will reimburse you for any late payment fees or penalties you are required to pay up to a maximum of 50 00 per scheduled Payment as a resul
63. tablished is located 21 Venue Any proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the state in which the branch where your primary Designated Funding Account was established is located 22 Illegal Purposes You agree not to use the Services for any illegal purpose or in breach of any contract or agreement by which you are bound and you agree to comply with all applicable laws rules and regulations in connection with the Services You acknowledge and agree that we have no obligation to monitor review or evaluate your transactions for legality and that we may presume that all of your transactions are legal in all applicable jurisdictions However we reserve the right to decline any transaction that we believe is an illegal transaction or a high risk transaction in any applicable jurisdiction To the fullest extent permitted by law you further agree that we are not responsible for the recovery or reimbursement to you of any funds transferred in connection with any transaction authorized by you that is determined to be illegal You certify that you have legal capacity to enter into this Agreement under applicable law The Services and any application for deposit or other services at our website are solely 26 23 24 25 offered to the citizens and residents of the United States of America and may not be accessed while outside the United States If you choose to use the Services from
64. to forty five 45 days ninety 90 days for point of sale transactions transactions initiated outside the United States or transactions that have occurred within 30 days after the first deposit to the account to investigate your complaint or question If this additional time is necessary and your written notification has been received by us we will credit your account within ten 10 business days twenty 20 business days for transactions that have occurred within 30 days after the first deposit to the account for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation If we ask you to put your complaint or question in writing and we do not receive it within ten 10 business days twenty 20 business days for transactions that have occurred within 30 days after the first deposit to the account we will not credit your account and we will still have up to forty five 45 days ninety 90 days for point of sale transactions 15 transactions initiated outside the United States or transactions that have occurred within 30 days after the first deposit to the account for our investigation We will tell you the results within three 3 business days after completing our investigation If we decide that there was no error we will send you a written explanation You may ask for copies of the documents that we used in our investigation 16 Part B Statement Se
65. transactions contemplated by the Services or who intends or may use the Services for the purpose of accessing and compiling account data for such person s or entity s own commercial gain You should change your Password frequently You should avoid using your ATM or debit card personal identification number PIN as your permanent Password If your access to the Services is blocked or if you forget your Password you must contact us at the number identified in the Errors or Questions section of this Agreement We may issue you a new Password although it may not be available for use of the Services for several days Protecting Your Personal Information In addition to protecting your Password and other account information you should also take precautions to protect your personal identification information such as your driver s license Social Security Number etc This information by itself or together with other account information may allow unauthorized access to your Service Accounts It is your responsibility to treat personal information with the same level of care as your account information You are also responsible for protecting and securing all information and data stored in your PC s hard drive For additional guidance on information security please visit our website 19 5 Your E mail Address You agree to keep your e mail address that you have provided to us for use in connection with the Services as well as your maili
66. u and without further acknowledgement or acceptance of terms on your part Neither enrollment in nor continued use of the Statement Service is required in order to use the Electronic Service However you must be enrolled for use of the online banking function of the Electronic Service if you wish to use the Statement Service Part C contains miscellaneous terms conditions and provisions that are applicable generally to this Agreement and to all services products and relationships contemplated by or arising out of this Agreement When you follow the instructions in the online banking application for the acceptance of the E Sign Consent and this Agreement e g by using your PC s mouse to click an I Accept button you will be adopting and using an electronic signature which will signify your acceptance of and intent to be bound by all terms conditions and provisions of the E Sign Consent and this Agreement note however that Part B of the Agreement will not be in effect until the Statement Service has been activated as described in the Part B summary above Your electronic acceptance of this Agreement also will constitute your certification that you have provided and will continue to provide true accurate current and complete information about yourself as requested in connection with your enrollment in and use of the services contemplated by this Agreement If you do not electronically accept the E Sign Consent and this Agreement
67. ur stop payment request for any Recurring Payment or other preauthorized electronic fund transfer that is to be made after that fourteen 14 day period We will be liable for your actual losses and damages if any if we fail to stop a Recurring Payment or other preauthorized electronic fund transfer following a timely order by you In Case of Billing Errors or Questions about Your Electronic Transfers If you think that your statement is wrong or you need more information about a transaction listed on your statement contact us as soon as you can as provided in the Errors or Questions section of this Agreement We must hear from you no later than sixty 60 days after we sent the FIRST statement on which the problem or error appeared You must e Tell us your name and the Service Account number e Describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information e Tell us the dollar amount of the suspected error If you tell us orally we may require that you send us your complaint or question in writing within ten 10 business days We will determine whether an error occurred within ten 10 business days twenty 20 business days for transactions that have occurred within 30 days after the first deposit to the account after we hear from you and will correct any error promptly If we require more time however we may take up
68. ve notified us that transfers by that person are no longer authorized and we have had reasonable opportunity to act on that notification i Tell us AT ONCE by contacting us as provided in the Errors or Questions section of this Agreement if you believe your Password or any other device for accessing your account through the Electronic Service has been lost or stolen Telephoning is the best way of keeping your possible losses down You could lose all your money in your 13 account plus your maximum overdraft or margin line of credit If you tell us within two 2 business days after you learn of the loss or theft you can lose no more than 50 00 if someone used your Password or other means of account access without your permission ii If you do NOT tell us within two 2 business days after you learn of the loss or theft of your Password or other device for account access and we can prove we could have stopped someone from using your Password or other access device without your permission if you had told us you could lose as much as 500 00 iii Also if your statement shows transfers that you did not make tell us at once If you do not tell us within sixty 60 days after the statement was mailed to you you may not get back any money you lost after the sixty 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time iv If we determine that extenuating circumstances kept you
69. void incurring a finance charge or any other charge you should schedule your Payment to arrive in advance of the Due Date indicated on your bill Specific date and timing requirements and recommendations are discussed elsewhere in this Agreement You release us from all liabilities claims defenses and rights that you may have or assert against any Payee arising out of any transaction between you and such Payee the payment or any part thereof for which is made or attempted by or through the Electronic Service Scheduling Delivery of Your Payments We reserve the right to debit your Designated Funding Account in the amount of the requested Payment on the Transmit Date or any time thereafter We may at or discretion remit your Payments by mailing your Payee a check drawn on your Designated Funding Account or an account we maintain for this purpose by electronic funds transfer or by other means If we elect to remit a Payment by check you authorize us to execute checks drawn on your Designated Funding Account for the purpose of making Payments to your Payees initiated through the Electronic Service notwithstanding any resolution signature card or other document filed with us that purports to limit authority over any of your accounts whether currently on file or submitted or modified in the future Based on the time required to transmit your Payment to your Payees the Payees generally will not receive Payment on the Transmit Date This applies

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