NetTeller Online Banking Agreement

PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS

1. Introduction.
This NetTeller Online Banking Agreement (“Agreement”) sets forth the terms and conditions of the NetTeller Online Banking Service (“Service”) offered by WebBank (“Bank”, “we”, “us”, “our”). In this Agreement, the term “you” and “your” refers to each owner and, if applicable, authorized signer on the Accounts that are accessed through the Service. Each time you access an Account through the Service, you confirm your acceptance of and agreement to abide by the terms of this Agreement. This Agreement is in addition to your other agreements with the Bank, such as the WebBank Terms and Conditions for your Account, which covers the terms of Accounts and certain Bank services. If there is a conflict between the terms of this Agreement and any contained in the other agreements between you and the Bank, this Agreement will control with respect to the Services provided hereunder.

2. Services.
You can perform the following transactions, depending on the accounts tied to the Service:

• View account balance information and transaction history,
• Transfer money between your eligible accounts,
• Communicate with us by electronic mail (“email”),
• Retrieve, view, and save monthly statements and other notices.

Please see Section 25 herein regarding electronic communications involving the Service and this Agreement. We may make other Services available to you from time to time. Unless we state otherwise, they will be subject to the terms of this Agreement. The hardware and software components of the technology platform we utilize to deliver the Services to you are referred to herein, collectively, as the “System”.

3. Computer Requirements Equipment and Software.
You are responsible for the selection, installation, maintenance, and operation of your computer and software, including you web browser. We assume no responsibility for any error or malfunction by your computer or software, or for any computer virus or similar problems you may experience by using the internet or your internet service provider to access the Services. Please see Section 25 herein regarding the minimum computer and software requirements for accessing the Services (“Technical Standards”). You agree to use equipment and software that are compatible with our Technical Standards, which we may change from time to time.

You acknowledge and agree that you are solely responsible for providing and maintaining any equipment that is necessary for using the Services, such as telephones, terminals, modems, printers, and computers. We assume no responsibility for the defects or incompatibility of any computers or software you use in connection with the Services, even if we have previously indicated that they were compatible with the Technical Standards. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES, OR ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE MADE AVAILABLE TO YOU. You agree to notify us promptly if any software we provide to you becomes defective. Our sole responsibility (if any) in such instances will be to repair or replace the defective software.

The Technical Standards currently require you to use an internet browser that supports at least 128-bit encryption (“Internet Browser”). It is possible that some Services may require you to download software from our website; for example, we may place software on your computer as part of our security and/or verification tools. You hereby certify that you are an authorized user of the Internet Browser you select, as well as any other software used to access or interface with the System. You agree to ensure that your Internet Browser and other software used on your personal computer will be updated, as required, to comply with any changes to the Technical Standards. You acknowledge that you are solely responsible for the security of your own computer and access systems. You agree that you will maintain adequate safeguards to protect your computer and access systems from viruses, spyware or any unauthorized intrusion that would threaten the System or your accounts. You agree that you will hold the Bank harmless from any unauthorized transactions, loss or liability associated with any unauthorized intrusion into your computer or access systems. You agree to maintain the confidentiality of the Access Codes (as defined below) at all times and not to provide access to them to anyone that you do not authorize to access your Accounts through the Services. You expressly acknowledge that internet and any wireless access to the Services initiated by you may not be secure and, in such cases, you assume the risk associated with unauthorized access to the Service and any information contained therein, resulting from such wireless connectivity. You agree to implement and maintain administrative, technical and physical safeguards to protect against unauthorized access to or use of any Account information which you may access or store on your computer or other data storage systems.

4. Security Procedures.
During your enrollment for the Services, you are required to select or will be assigned certain numbers, codes, marks, signs, public keys or other means of authenticating your identity and electronic communications in your name. These may include a customer number, username, and password. These credentials, with the other components of your Access Codes, will give access to your Accounts through the Service.

You agree to change all passwords with sufficient frequency so as to protect confidentiality, and in any event no less frequently than every 60 days. You agree to keep all Access Codes confidential; you agree not to write them down. Passwords should not be easy to guess: for example, your children’s or pet’s names, birth dates, addresses or other easily recognized identification related to you. In addition, you should not have your browser automatically remember your password. We may offer to you or require you to use additional authentication tools or methods from time to time. If you choose not to implement supplemental authentication tools, your access to some or all Services may be limited. The term “Access Codes” will include your user name and password, as well as any supplemental authentication tools that we may have you use to access your Accounts and use the Services.

You agree to consider the size, type and frequency of the payment orders or other money transactions you will intend to use Services to accomplish. You agree to consider the risks presented by the possibility of unauthorized access to these Services, including the risk loss to you that we may process Communications and instructions that are your responsibility even though they were not authorized by you. You agree to use Services only after determining, and only for so long as you continue to determine, that the security procedures are a commercially reasonable method of providing security against unauthorized payment orders or other Communications. You agree and acknowledge that the security procedures are commercially reasonable for you and that you will be bound by instructions or Communications in your name, as set forth above.

You agree to take appropriate steps to ensure that all Access Codes under your control are protected.

5. Accessing the Service.
You must use a NetTeller Online Banking ID (“User ID”) and a NetTeller Online Banking Password (“Password”) to access the Service. When you enroll, we will provide you a temporary password that will give you initial access to the Service. That password must be changed the first time you log on to the Service. Each individual who has access to the Service must choose a Password. You should memorize your Password and change it every 60 days. We may act on any Service instruction that is accompanied by your User ID and Password. You agree not to disclose your User ID or Password to anyone. You are responsible for keeping your User ID and Password confidential. Never place them on or near your computer. If you forget your Password, contact us to have a new one issued to you. We may suspend access to the Service if there are three unsuccessful attempts to enter a Password.

6. Hours of Operations.
You can access your Accounts through the Service seven days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system maintenance. We are not responsible for the unavailability of the Service or any damages that may result from its unavailability.

7. Account Balance and Transaction Information.
You can use the Service to obtain account balance and transaction information. Please note that the information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal. Balance and transaction information generally reflect activity through the close of the previous banking day.

8. Transfers.
You may transfer funds between one linked account. Transfers initiated before 3:00 p.m. (Mountain Time) on a banking day will be posted to your account on the same day. All transfers completed after that hour or on a Saturday, Sunday or holiday may be posted on the next banking day.

9. Secure Message.
You can use the Service to send us a secure message by using the secure message feature that is available through the Services. Since a secure message may be subject to delay and not reviewed by us until the banking day after it was sent, you should not rely on it if you need to communicate with us immediately (e.g., to report an unauthorized transaction) for an urgent matter. If you need to contact us immediately, call us at the telephone number listed in Section 16. We will have a reasonable time to act on a secure message request and reserve the right to reject any instruction or request received through a secure message (e.g., a request to wire funds). You agree that we may read and record any secure message communications between you and our employees through the Service.

10. Stop Payments.
You may stop payment on an ACH transaction that you requested using this Service. Please contact us at 1-844-994-BANK (2265) to order your stop payment. Stop payment requests must be received no later than 3 business days prior to the transaction date in order for WebBank to ensure that the request is processed successfully.

11. Bill Payments.
WebBank does not currently offer bill payment for our Accounts.

12. Banking Days.
Our banking days are Monday through Friday, excluding Federal Reserve holidays.

13. Documentation.
You will receive a monthly deposit account statement electronically.

14. Service Fees.
You agree to pay fees we may establish from time to time for the Service. All individual Account fees apply where applicable. We are not responsible for any fees that may be billed to you by your online service provider.

15. Limitations.
We reserve the right to limit the frequency and dollar amount of transfers and payments, if applicable, for security reasons. Payments and transfers from Savings Accounts are limited by law and your deposit agreement with us. Regarding your Savings Account, you may only make up to six withdrawals and/or transfers each statement period by preauthorized or automatic transfer, online transfer, or telephone.

16. Customer Service.
You may contact us at 1-844-994-BANK (2265), Monday through Friday, from 8:00 a.m. to 5:00 p.m. Mountain Time, excluding holidays. Our hours of operation are subject to change without prior notice.

17. How to Notify us of a Problem.
If you have any questions about a Service transaction, or someone has transferred or may transfer money from your account without your permission, send a secure message to us; send an email to us at customercare@webbank.com; or call us at 1-844-994-BANK (2265).

18. Your Responsibility.
Tell us AT ONCE if you believe your User ID or Password has been lost or stolen. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your Account(s). If you tell us within two business days, you can lose no more than $50 if someone used your User ID or Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your User ID or Password, and we can prove that we could have stopped a loss by someone using your User ID or Password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows payments or transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement is mailed to you, you may not recover any money you lost after that 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

19. Our Responsibility.
If we do not complete a transfer or initiate a payment from your Account on the payment date or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for example, if; (a) we process your payment in a timely manner but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer of payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses, computer breakdown or telecommunication problems) prevent the transaction, despite reasonable precautions that we have taken; (g) you fail to follow our on-screen instructions properly; or (h) a transfer or payment could not be completed due to the system’s unavailability. There may be other exceptions stated in our deposit agreement with you.

20. In Case of Errors or Questions about Your Transfers.
Telephone us at the number or send us a secure message as set forth in Section 17 above as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You must; (a) tell us your name and Account number; (b) 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; and (c) 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 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or questions. If we decide to do this, we will credit your Account within 10 business days for the amount you think is in error so that you will have the use of the money during the time that 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 10 business days, we may not credit your Account. Our obligation to act within the 10- and 45-day periods mentioned above is extended to 20 business days and 90 calendar days, respectively, if the notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the Account was made. We will tell you the results within three 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.

21. Business and Other Non-Personal Accounts.
The Bank’s obligations set forth in Sections 20 and 21, and the limitations on your liability set forth in Section 19, do not apply in the case of business or other non-personal accounts (that we may choose to offer. Under no circumstances will we be liable for any special or consequential damages involving such business or other non-personal accounts. The owners of non-personal accounts must notify us immediately if they discover any unauthorized transactions or errors and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of the discovery or their receipt of the first statement or notice reflecting the problem, whichever occurs first).

22. Release of Account Information.
We may release information about your Account(s) and transactions you perform to third parties: where it is necessary or helpful in verifying or completing a transaction; to verify the existence, history and condition of your Account for credit reporting agencies; when you give us your consent; as permitted or required by law; to local, state and federal authorities if we believe a crime may have been committed involving your account; and, when an inquiry is made regarding the availability of funds to cover a transaction you have requested.

23. Other Terms.
This Agreement supplements the terms of your account agreement with us. Please see that agreement for other terms relating to this Service, if applicable. This Agreement and your account agreement contain all of the terms of our agreement with you with respect to the Service. The terms of this Agreement will supersede any conflicting terms in your account agreement with respect to the Service.

24. Change in Terms.
We may amend (add to, delete from, or change) the terms of this Agreement at any time by sending notice to any of you at the address or email address shown in our records, or by posting a notice or an amended Agreement on our Website. You may choose not to accept the change by closing your account(s) and terminating this Agreement and your use of the Service.

25. Electronic Communications; Customer Information.
You agree that this Agreement and any notice or other type of communication that is provided to you in connection with the Service, including amendments, statements, and Account information, may be sent to you electronically by posting the communication on our Website or by sending it to any of you by email. You may obtain a free copy of this Agreement, any amendments to it, and other communications about the Service in paper form by writing to us at WebBank, Attn: Deposit Operations, 215 South State Street Suite, 1000, Salt Lake City, UT 84111; sending us a secure message; sending an email to us at customercare@webbank.com; or calling us at 1-844-994-BANK (2265).

If you withdraw your consent to receive your notices electronically, we will close your Account(s) and return the funds to an account from which you originally funded your Account(s) with us. You can withdraw your consent to such electronic notices by writing to us at the same address and advising us that you wish to withdraw your consent for electronic notifications. We will terminate this Agreement and the Service if you choose to receive notices in paper form. Early withdrawal penalties may apply if your time deposit account(s) is closed before maturity.

You agree to provide us with your current email address for notices. If your email address changes, you must send us a notice of the new address in writing to WebBank, Attn: Deposit Operations, 215 South State Street Suite, 1000, Salt Lake City, UT 84111; sending us a secure message; sending an email to us at customercare@webbank.com; or by calling us at 1-844-994-BANK (2265). You will need the following hardware and software in order to access our Website, to receive notices from us, and to retain an electronic record of this Agreement and future communications. You will need an Internet Service Provider(ISP), a computer that has a Browser Software which supports Secure Sockets Layer (SSL). We recommend Netscape Navigator 4.0 or higher, Internet Explorer 4.01 or higher. The site has been built to work with all major browsers that have been tested and approved.

26. Termination.
We may terminate or suspend your access to all or part of the Service at any time, with or without cause. If you decide to cancel the Service, please write to us at WebBank, Attn: Deposit Operations, 215 South State Street Suite, 1000, Salt Lake City, UT 84111; send us a secure message; send an email to us at customercare@webbank.com; or call us at 1-844-994-BANK (2265).

27. Acceptance.
Your use of the Service shall constitute your acceptance and approval of all the terms and conditions of this Agreement.