Bill Pay Here – Online Banking Service Agreement

ONLINE BANKING SERVICE AGREEMENT FOR PERSONAL ACCOUNT CUSTOMERS

This Online Banking Service Agreement (the "Agreement") governs the terms and conditions of your use of the Bank's Online Banking Service, a home financial services program, provided to customers of TD Bank.

In this Agreement, the following definitions apply:

The words ï¿½youï¿½ and ï¿½yourï¿½ mean an Online Banking customer and the words ï¿½we,ï¿½ ï¿½us,ï¿½ ï¿½ourï¿½, ï¿½TD Bankï¿½ and the ï¿½Bankï¿½ mean TD Bank, N.A. The words "Deposit Account" mean your Checking Account, Money Market Checking Account, Money Market Savings Account, Savings Account, Certificate of Deposit (CD), Individual Retirement Account (IRA), and any other Deposit Account you may have with us that was established primarily for personal, family or household purposes. The words "Loan Account" mean your Auto Loan, Personal Line of Credit, MoneyLine, Home Equity Loan, Home Equity Line of Credit, Collateral Loan, and any other Loan Account you may have with us that was established primarily for personal, family or household purposes. In this Agreement we refer to "eligible" Deposit Accounts and "eligible" Loan Accounts. Eligible Deposit Accounts and eligible Loan Accounts are accounts that you will have access to through the Bank's Online Banking Service. Certain types of transactions, including transfers between Deposit Accounts, between Loan Accounts, or between Deposit and Loan Accounts, may be limited or not permitted depending on titling, product type, Bank policy or applicable law or regulation. Therefore, in this Agreement, the use of the term "eligible" shall also mean that only certain Deposit Accounts and Loan Accounts may be used for the transaction described. The words "Electronic Funds Transfer" (or "EFT") are used as defined in the Electronic Funds Transfer Act to mean a transfer of funds initiated by a computer to or from your Deposit Account. The words "user name" mean an alphanumeric code that you select when applying for the Bank's Online Banking Service. Your Deposit Account and Loan Account and use of the Bank's Online Banking Service are also governed by the Personal Deposit Account Agreement and Loan Account Agreement as they may be amended from time to time (collectively referred to herein as the "Account Agreement(s)"). Any terms that are not defined in this Agreement have the same meaning as in the Account Agreement(s).

(a) General You can use your user name, password, and "enhanced log-in security", along with a personal computer or other Internet-enabled system or access device, to perform certain transactions described below. Enhanced log-in security incorporates multiple additional factors to authenticate you as a customer. Additional information regarding each Online Banking Service user's access pattern will be collected and validated automatically. A unique electronic signature will be created for each user based on their specific access pattern; additional authentication may occur automatically when there is a deviation from this unique signature. You should never provide your user name, password, or enhanced log-in security information to a third party. If you do so, you are authorizing that party to conduct transactions on your Deposit Account or Loan Account. Therefore, you are responsible for any transactions, including transfers from or between your Deposit Accounts or Loan Accounts, resulting from you furnishing your user name, password and enhanced log-in security information to a third party. The Bank will not be liable and will not reimburse you for any losses that may occur as a result of this authorized use of your user name, password and enhanced log-in security.

(b) You Agree By using the Bank's Online Banking Service, you agree to the terms and conditions in this Agreement, and (after their effective date) any changes in such terms and conditions shall apply to the use of Online Banking by you and any others whom you have permitted to use your user name and password to access the Bank's Online Banking Service. If you do not agree with these terms and conditions, you may not use the Bank's Online Banking Service. By using the Bank's Online Banking Service, you consent to the electronic transmission of personal financial information. Your consent will be deemed effective for as long as you use the Bank's Online Banking Service.

(c) Access Requirements In order to use the Bank's Online Banking Service, you will need: (1) a personal computer (PC) or other Internet-enabled system, and any software and required equipment that can support the Internet browser described on our Browser Requirements page (hereinafter referred to as a ï¿½Computerï¿½), or (2) a mobile Internet-enabled access device, and any software and required equipment that can support the Internet browser described on our Browser Requirements page (hereinafter referred to as a ï¿½Mobile Deviceï¿½). You are responsible for the installation, maintenance and operation of your Computer or Mobile Device and all related charges. You are responsible for installing and maintaining appropriate virus protection on your Computer or Mobile Device. We are not responsible for any errors or failures caused by any malfunction of your Computer or Mobile Device, or your use of the Bankï¿½s Online Banking Service. We are not responsible for any viruses, spyware, malware, worms or related problems that may be associated with your Computer or Mobile Device. We are also not responsible for any losses or delays in transmission of information that you provide to us or otherwise arising out of or incurred in connection with the use of any Internet or other service provider providing your connection to the Internet or any browser software. You are also responsible for all telephone, mobile remote access and other similar charges incurred in connecting to the Bank's Online Banking Service and for charges by any Internet service providing connection to the Internet.

(d) New Accounts Eligible new Deposit Accounts or Loan Accounts that you open with the Bank after your initial enrollment in Online Banking will be enabled in Online Banking.

(e) Authorizations You must be an owner of a Deposit Account or a Loan Account in order to access it through the Bank's Online Banking Service. Each owner of a Deposit Account or Loan Account is authorized to access all of the funds held in that Deposit Account or Loan Account. We are entitled to act on transaction instructions received using your user name, password and enhanced log-in security information, and you agree that the use of your user name, password and enhanced log-in security information will have the same effect as your signature authorizing the transaction. We reserve the right to deny Online Banking transactions if one of the following exceptions exists:

(1) If, through no fault of ours, you do not have enough money in your Deposit Account(s) or Loan Account(s) to make the transfer.

(2) If the transfer would go over the limit on your MoneyLine or Savings Overdraft Protection or Home Equity Line of Credit.

(3) If the Bank's Online Banking Service, your Computer or Mobile Device was not working properly.

(4) If circumstances beyond our control prevent us from making a transfer or payment, despite reasonable precautions that we have taken (such circumstances include telecommunication outages or interruptions, postal strikes, delays caused by payees, fires, and floods).

(5) If the money in your Deposit or Loan Account(s) is subject to legal process or other encumbrance restricting the transfer.

(6) If you do not give proper, complete or correct instructions for the transfer, or you do not follow the procedures in this or any other agreement with us for requesting a transfer.

(7) If your user name and/or password have been reported lost or stolen, or we have canceled or disabled your user name and/or password or the Bank's Online Banking Service.

(8) If we have reason to believe that you or someone else is using the Bank's Online Banking Service for fraudulent or illegal purposes.

(9) If a payment or transfer request consisted of money deposited in a form or by a method whereby the money is not yet available for withdrawal. There may be other exceptions stated in our Account Agreement(s) with you.

In the event we refuse payment of a preauthorized electronic fund transfer because your Deposit Account has insufficient funds to cover the transfer, you understand and agree that we will notify of our refusal to pay the transfer by secure electronic message through the Online Banking System.

(f) Our Liability If We Fail To Make Certain Transfers
The following applies to EFTs only. If one of the exceptions stated under paragraph (e) above does not exist and we fail to complete an EFT to or from your Deposit Account or Loan Account on time or in the correct amount as set forth in Section (g) below, we will be liable only for your actual losses.

(g) Online Transactions
Except for the special features of our ï¿½Mobile Banking Applications Serviceï¿½ as described in section (j) below, Online Banking allows you to perform the following functions:

1) you may transfer funds between eligible Deposit Accounts and Loan Accounts;

2) you can get balances and transaction history for up to sixty (60) Calendar Days preceding the date of request on eligible Deposit Accounts;

3) you can place stop payments on checks that have not been paid;

4) you can reorder checks;

5) you can arrange to have bill payments made from your eligible Checking and Money Market Checking Accounts;

6) you can send and receive electronic mail (e-mail) to/from us;

7) you can get up to 360 Calendar Days of information on Loan Accounts; and

8) you can access up to 84 months of electronic statements for your eligible Checking, Money Market, and Savings Accounts (see section (G)(8) below for details); and

9) perform any of the other banking services currently offered or to be offered in the future.

These features of Online Banking are limited to the extent, and subject to the terms, noted below:

1. Savings and Money Market Accounts
Your ability to transfer funds between and/or make payments from certain Deposit Accounts is limited by law. For any Statement Savings Account(s) (including Money Market Accounts), you may make as many in-person withdrawals at a teller window or any ATM as you wish. However, federal regulations permit the depositor to make no more than a combined total of six (6) pre-authorized, automatic, electronic (including computer initiated), telephone withdrawals or transfers, or by check, draft, debit card, or similar order payable to third parties in any monthly period. We may impose a fee, as disclosed on the Fee Schedule, for each such withdrawal in excess of six (6) that you make in any monthly period. These fees will be reflected in your monthly statement. In addition, repeated violations will result in the Account being closed or changed from a savings type Account to a transaction Account.
For Holiday Club and Club Saver Accounts, we may impose a fee, as disclosed on the Fee Schedule, for each withdrawal in excess of three (3) that you make in any month. Holiday Club and Club Saver Accounts are not available for sale in the State of Maryland.

2. Transfers
Funds can be transferred immediately or on a future date between your eligible Deposit Accounts and Loan Accounts. Future-dated and recurring transfers are processed each Calendar Day in the early morning. Any future-dated or recurring transfers scheduled for a non-Business Day posted on the next Business Day. Individual or daily transfers between eligible Deposit Accounts and Loan Accounts may be made in any amount that could exceed the balance in your Deposit Account, but not the credit limit for your Loan Account from which the transfers are made. Any individual transfers made between deposit accounts on a non-Business Day or after 11:00 p.m. ET on a Business Day will be processed, but posted on the next Business Day. We reserve the right to limit the frequency and dollar amount of transactions from your Deposit Accounts and Loan Accounts for security reasons. Depending on the time of your transfer to a credit card account, your payment may be credited to your account the next business day. If you are making a transfer to a mortgage account, the transfer must be made prior to 8:00 p.m. EST in order to ensure it is credited the same day. A transfer made to your mortgage account after 8:00 p.m. EST may result in a debit to your deposit account the day you make your transfer, while your mortgage account may not be credited until the following business day. This could result in late charges or negative credit reporting depending on the due date and grace period of your mortgage account.

3. Account Information
The Deposit or Loan Account information that you access via the Bank's Online Banking Service will generally be current as of the Business Day (as defined below) you obtain the information, unless another time is specified.

4. Stop Payments of Checks
Stop Payments of checks are governed by the provisions detailed in your Account Agreement(s).

5. Stop Payments of Pre-authorized Transfers
Preauthorized transfers from your Account(s) can be discontinued by calling us at the Call Center or by writing to:

TD Bank, N.A. Customer Service Department Mail Stop 02-206-02-15 6000 Atrium Way Mt. Laurel, NJ 08054

Stopping payment on pre-authorized transfers is governed by the provisions detailed in your Account Agreement(s).

6. Liability for Failure to Stop Payment of Pre-authorized Transfer
If you order us to stop one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, our liability for your losses or damages shall be as described in the Account Agreement(s).

7. Direct Deposits
If you have arranged to have direct deposits made to your Deposit Account from the same person or company, you can call us at 800-493-7562 to find out whether the deposit has been made. If the only possible transfers to or from your Deposit Account are direct deposits, you will get a monthly statement from us.

8. Electronic Statements
Electronic statements for your eligible Checking, Money Market, and Savings Accounts are available through Online Banking. We will archive electronic statements for your eligible Accounts beginning on the date of the first electronic statement you receive after enrolling in Online Banking (but no earlier than April 2010). We will continue adding your most recent electronic statement to the archive each month until the archive contains 84 months of electronic statements. After that, you will be able to access the most recent 84 months of electronic statements.

(h) E-mail
Because normal Internet e-mail transmissions may not be secure, for Deposit Account and Loan Account inquiries, you agree to log into the Bank's Online Banking Service and contact us electronically only through Online Banking's secure messaging service. We will not immediately receive e-mail that you send. Therefore, you should not rely on e-mail if you need to communicate with us immediately, for example: to make an inquiry with respect to an EFT; to report a lost or stolen Card; unauthorized use of your user name and password; to report an unauthorized transaction from one of your Deposit Accounts; or to report suspected errors. For these types of communications, you should follow the instructions contained in Section (r), Unauthorized Transfers, or in Section (s), Error Resolution. We will not take action based upon your e-mail requests until we actually receive your message and have a reasonable opportunity to act.

(i) ONLINE BILL PAY SERVICES ï¿½ AUTHORIZATION & AGREEMENT
The terms and conditions for the Online Bill Pay Services are in addition to the terms and conditions outlined in the rest of this Agreement and the terms and conditions of your Account Agreement(s). If the terms and conditions of this section conflict with the terms and conditions contained in the rest of this Agreement, the terms and conditions contained in the rest of this Agreement will control. If the terms and conditions of this Agreement conflict with the terms and conditions contained in your Account Agreement(s), the terms and conditions of this Agreement will control.

1. BILL PAY SERVICE SPECIFIC DEFINITIONS:
"You" or "your" mean each Authorized Person who has an interest in the Online Bill Payment Account which is accessible through the Service. Whenever "you" is more than one person with respect to any such account or relationship, the obligations and agreements applicable to you under this Agreement shall be deemed to be joint and several wherever appropriate.

"Bill Payment Service" means the bill payment service offered by TD Bank, through its Bill Payment Service Provider.

"Bill Payment Service Provider" means Fiserv Solutions, Inc.

"Bill Pay Agreement" means these terms and conditions of the Bill Payment Service.

"Biller" is the person or entity to which you wish a bill payment to be directed, or the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you using the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

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

"Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

2. THE SERVICE
TD Bank offers the Bill Payment Service to its personal account customers. The Bill Payment Service is provided through the Bill Payment Service Provider, which is not a party to this Agreement. The Bill Payment Service Provider operates and maintains an Internet server application, which offers bill presentment and bill payment features, capabilities and functionality. The Bill Payment Service Provider hosts and provides data security for the TD Bank Online Bill Payment web site through which TD Bank customers are able to enroll in and utilize the Bill Payment Service.

3. REPRESENTATION AND ADDITIONAL TERMS
By enrolling in the Service, you acknowledge that you have received and read this Agreement and agree to its terms and conditions. You further acknowledge that you have received and read the Account Agreement(s) governing your Payment Account, and agree that any additional terms and conditions in the Account Agreement(s) applicable to participation in the Service are incorporated into this Agreement.

4. PAYMENT SCHEDULING
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be disclosed to you when you are scheduling the payment. The Service will not permit you to select a Scheduled Payment Date sooner than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

5. THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Bank or Bill Payment Service Provider, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Bank will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement (above).

6. PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing Payment Instructions using the Bill Payment Service, you authorize the Bank or its Bill Payment Service Provider to follow the Payment Instructions that it receives through the Bill Payment System. In order to process bill payments more efficiently and effectively, bill payment related data or data formats may be edited or altered in accordance with Biller directives.

When a Bill Payment Instruction is received by the Bank or its Bill Payment Service Provider, you authorize the Bank or its Bill Payment Service Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Bank or its Bill Payment Service Provider to credit your Payment Account for payments returned by the Biller.

The Bank will use reasonable efforts to make (or cause its Bill Payment Service Provider to make) all your payments properly. However, neither the Bank nor its Bill Payment Service Provider shall incur any liability and any Bill Payment Service Guarantee shall be void if the Bank or its Bill Payment Service Provider is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

i. If, through no fault of the Bank or its Bill Payment Service Provider, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;

ii. The Bankï¿½s Bill Payment Service and/or its Bill Payment Service Providerï¿½s payment processing center is not working properly and you know or have been advised about the malfunction before you execute the transaction;

iii. You have not provided the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,

iv. Circumstances beyond the control of the Bank and/or its Bill Payment Service Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bank or its service provider have taken reasonable precautions to avoid those circumstances.

Provided that none of the foregoing exceptions is applicable, if the Bank or its Bill Payment Service Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Bank shall be responsible for returning (or causing its Bill Payment Service Provider to return) the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

An electronic payment: These payments will be electronically debited from your Payment Account on the Scheduled Payment Date, unless the Scheduled Payment Date falls on a non-Business Day, in which case funds will be debited on the previous Business Day, and will be electronically forwarded to your Biller(s).

A laser draft payment: These payments will be forwarded to your Biller(s) via draft drawn on your Payment Account to be received by the Scheduled Payment Date. The funds will be deducted from your Payment Account when the laser draft is presented to the Bank for payment. Your designated Biller may receive a payment via paper check. You understand it is possible that, because of the timing of the mail, the Biller may receive the check before a Scheduled Payment Date. In such circumstances, the check will be treated as a "post-dated check." Post-dated checks can be negotiated and paid or can be rejected prior to the Scheduled Payment Date.

Upon receipt of a Payment Instruction by you, the Bill Payment Service may issue laser draft checks containing the name and address of the online authorized representative. As such, the name and address may not match that of the Payment Account upon which the laser draft checks were issued.

8. PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions on the TD Bank Online Bill Payment website. There is no charge for canceling or editing a Scheduled Payment. Once the Bank or its Bill Payment Service Provider has begun processing a payment, however, the payment cannot be cancelled or edited, therefore a stop payment request must be submitted.

9. STOP PAYMENT REQUESTS
The ability to process a stop payment request for a payment scheduled to be made through the Bill Payment Service will depend on the payment method and whether or not a check has cleared. The Bank or its Bill Payment Service Provider may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service at:

TD Bank, N.A. Customer Service Department Mail Stop NJ5-002-215 6000 Atrium Way Mt. Laurel, NJ 08054 Phone: 1-888-751-9000

Although the Bank will make reasonable efforts (and cause its Bill Payment Service Provider to make reasonable efforts) to accommodate your request, neither the Bank nor its Bill Payment Service Provider will have any liability for failing to do so. The Bank or its service provider may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for stop payment requests, as set out in the Account Agreement(s) and/or fee schedule for your Payment Account.

10. PROHIBITED PAYMENTS
Payments to Billers outside of the United States or its territories are prohibited through the Service. In addition, payments that violate any law, statute, ordinance or regulation, and any payments related to illegal gambling, illegal gaming and/or any other illegal activity are prohibited through the Service.

11. EXCEPTION PAYMENTS
Payments to government entities (such as tax payments) and court ordered payments may be scheduled through the Bill Payment Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Bank or its Bill Payment Service Provider be liable for any claims or damages resulting from your scheduling of these types of payments. The Bill Payment Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed through the Bill Payment Service. The Bank and its Bill Payment Service Provider have no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Bank or its Bill Payment Service Provider.

Information provided to the Biller - Updates or changes to your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller, are unable to be made through the Bill Payment Service. Any changes will need to be made by contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Bank and its Bill Payment Service Provider may, at the request of the Biller, provide to the Biller your e-mail address, Bill Payment Service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Bill Payment Service and/or bill information.

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

Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification - The Bank will use reasonable efforts to present (and cause its service provider to present) all of your electronic bills promptly. In addition to notification within the Bill Payment Service, the Bank and its Bill Payment Service Provider may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Bill Payment Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Bank or its service provider will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. Neither the Bank nor its Bill Payment Service Provider will be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of electronic bill(s) - You agree to hold the Bank and its Bill Payment Service Provider harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and dispute of electronic bill - Neither the Bank nor its Bill Payment Service Provider is responsible for the accuracy of your electronic bill(s). The Bank and its Bill Payment Service Provider are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

i. You will reimburse the Bank or the Bill Payment Service Provider immediately upon demand the amount of any payment transaction that has been returned to the Bill Payment Service or the amount of any overdraft created by a payment transaction;
ii. You will reimburse the Bank or the Bill Payment Service Provider for any costs incurred in attempting to collect these amounts from you; and
iii. The Bank or the Bill Payment Service Provider reserve the right and are hereby authorized to report the facts concerning any unreimbursed payment transactions to any credit reporting agency.

14. BILL PAYMENT SERVICE TERMINATION, CANCELLATION, OR SUSPENSION In the event you wish to cancel the Bill Payment Service, you may have the ability to do so through the TD Bank Online Bill Pay website, or you may contact Customer Service at:

TD Bank, N.A. Customer Service Department Mail Stop NJ5-002-215 6000 Atrium Way Mt. Laurel, NJ 08054 Phone: 1-888-751-9000

Any payment(s) already processed by or through the Bill Payment Service before the requested cancellation date will be completed by the Bank or its Bill Payment Service Provider. All Scheduled Payments including recurring payments will not be processed once the Bill Payment Service is cancelled. The Bank and/or its Bill Payment Service Provider may terminate or suspend the Bill Payment Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement or your Account Agreement(s).

15. BILLER LIMITATION
We reserve the right to refuse to pay any Biller designated by you. We will notify you promptly if we decide to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

16. RETURNED PAYMENTS
In using the Bill Payment Service, you understand that Billers and/or the United States Postal Bill Payment Service may return payments for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. We will use reasonable efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You will receive notification of any returned payment.

17. INFORMATION AUTHORIZATION
Your enrollment in the Bill Payment Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Bill Payment Service, you agree that the Bank and its Bill Payment Service Provider each reserves the right to request a review of your credit rating at its own expense through an authorized credit bureau/consumer reporting agency. In addition, you agree that the Bank and its Bill Payment Service Provider each reserves the right to obtain financial information regarding your account from a Biller.

18. CALLS TO YOU
By providing your telephone number to us, you consent and agree that we may make telephone calls regarding your account and/or relationship with us to that telephone number or any updated telephone number that you provide (including a cellular or other wireless telephone number), and that such calls are not unsolicited" for purposes of applicable law. Those telephone calls may be automatically dialed and include prerecorded messages, and your service provider may charge you to receive them.

(j) Mobile Banking Applications Service

1. General.
Our Mobile Banking Applications Service allows you to access your TD Bank Account information and perform certain Online Banking and Bill Pay transactions using specially designed applications that you can download for use with certain Mobile Devices (ï¿½Mobile Applicationsï¿½).

2. Service Requirements.
Use of our Mobile Banking Applications Service requires that you have enrolled in our Online Banking Service, that you have a Mobile Device currently supported through the Mobile Banking Applications Service, and that you download the appropriate Mobile Application to your Mobile Device. Once you have downloaded the appropriate Mobile Application, you may log-in to the Online Banking Service through a special URL, using your same Online Banking user name, password and enhanced log-in security information. Our Mobile Banking Applications Service uses the same security features as our Online Banking Service.

3. Online Banking.
With the Mobile Banking Applications Service, you can check balances, view Account transaction history and transfer money between your TD Bank Accounts, just as you can with a Computer. The Mobile Banking Applications Service also allows you to search for ATMs and branch locations, and pay your bills. You cannot use the Mobile Banking Applications Service for future dated transfers or to schedule automatic recurring transfers.

4. Bill Pay. The Mobile Banking Applications Service offers a subset of the Bill Pay service features. The Mobile Banking Applications Service allows you to send one-time bill payments to the payees you designate and that have been previously created in the Online Banking Service. Payees cannot be created in the Mobile Banking Applications Service. You cannot use the Mobile Banking Applications Service for automatic recurring bill payments, to amend a scheduled bill payment or cancel a scheduled bill payment.

5. Fees. We do not charge a fee to download the Mobile Applications or to access and use the Mobile Banking Applications Service. Your Mobile Device carrier may charge you to receive Internet, cellular or other data service. You should check with your Mobile Device carrier for details on specific fees and charges that may apply to you.

6. Miscellaneous. Your complete Account numbers will never be transmitted to you via the Mobile Banking Applications Service. Except as described in this section (j), all terms and conditions applicable to Online Banking (including Bill Pay) apply to your use of the Mobile Banking Applications Service. TD Bank is not responsible for any damage to your Mobile Device resulting from the Mobile Applications or your use of the Mobile Banking Applications Service, and you will be engaging in such activities at your own risk. Visit www.tdbank.com for more information on our Mobile Banking Applications Service, including browser and Mobile Device requirements, a list of Mobile Devices that we currently support through the Mobile Banking Applications Service and instructions on how to download Mobile Applications.

Pending transactions shown reflect the most recent activity occurring in your account throughout the day. These transactions may include authorization transactions whereby a merchant is verifying bank account and sufficient funds. These transactions are reflected in your current and available balances and the amount of these transactions may be different from the actual purchase amount depending on the payment mechanism and merchant. For example, a debit card transaction from a restaurant may be 25% more to insure sufficient funds for the amount of the meal and any tip included on the slip. Pending transactions are processed each business day and will post for the actual authorized amount and be reflected in history with any additional detail. Certain pre-authorization transactions may remain pending longer than one day before processing, depending on the type of transaction and merchant.

Your available balance will reflect any holds or floats on your account. Holds and floats are included in pending transactions. To determine the availability of funds you have deposited, please refer to the Deposit Account Agreement.

(l) Customer's Responsibility You are responsible for all transfers, payments and other transactions you authorize using the Bank's Online Banking Service. If you permit other persons to use your user name and password to access the Bank's Online Banking Service, you are responsible for any resulting transactions from your linked Deposit Accounts and/or Loan Accounts. We will not be liable for and will not reimburse you for any losses that may occur as a result of use of your user name, password, and enhanced log-in security answers by persons you have authorized. You are responsible for keeping your user name, password and account data confidential at all times.

Any payment made through the Bankï¿½s Online Banking Service requires accurate payee address and account information. The Bank is not responsible for any charges imposed or other actions taken by payee resulting from late payment, including but not limited to finance charges and late fees.

Our sole responsibility for an error in a transfer will be to correct the error, but in no case will we be liable for any indirect, special, incidental or consequential damages. Our liability is further limited as set forth in your Account Agreement(s). In states that do not allow the exclusion or limitation of liability for indirect, special, incidental or consequential damages, our liability is limited to the maximum extent permitted by applicable law. We are not responsible for any indirect, special, incidental or consequential damages arising in any way out of your use of the Bank's Online Banking Service. We make no express or implied warranties concerning the Bank's Online Banking Service, including but not limited to, any warranties of merchantability, fitness for a particular purpose or non-infringement of a third party's proprietary rights unless disclaiming such warranties is prohibited by applicable law. The Bank's Online Banking Service gives you access to services and information which may be presented with a distinctive "look and feel." These services, information and "look and feel" are our proprietary property. You may not reproduce, sell or distribute all or any portion of the Bank's Online Banking Service.

(n) Business Days Our Business Days are every day, except Saturdays, Sundays, and federal holidays as defined in your Account Agreement(s). You can use your Computer or other Internet access device to access the Bank's Online Banking Service 24 hours a day, 7 days a week, except during any special or scheduled maintenance periods.

(o) Right to Get Documentation of Electronic Banking Transaction Your monthly statement will reflect electronic activity on your Deposit Account. You agree to review your monthly statement promptly after you receive it. If your monthly statement shows transactions that you did not authorize, you must notify us at once. You also agree to notify us promptly about any change in your address, so that we may send your monthly statements to your correct address. Certain Deposit Accounts, including but not limited to Savings Accounts, Money Market Savings Accounts, and CDs, will receive a quarterly statement if there is no electronic activity unless we determine that your account has been inactive for a reasonable period of time. (Please note that IRA statements are sent semi-annually.) Online Banking Bill Payments will appear on your Deposit Account statement as a bill payment. A copy of any documentation provided to you, which indicates that an Electronic Funds Transfer was made, shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.

(p) Limits on Electronic Banking Transactions For security reasons, there are limits on the dollar amount of bill payments and the dollar amount of all bill payments in one day which you can make using Online Bill Pay. The Online Bill Pay limits are $75,000 per transaction. Any transactions above those limits cannot be processed through Online Bill Pay.

The Bank, in its sole discretion, may allow you to transfer an amount greater than the balance in your Deposit Account which may cause your Deposit Account to become overdrawn and a fee may be incurred. You may not transfer an amount that would cause you to exceed the available balance of your Overdraft Protection Plan or Equity Line of Credit.

(q) Disclosures of Account Information to Third Parties In order that your privacy may be protected, we will not disclose any information about you or your Deposit Account or Loan Account to any person, organization, or agency except:

1) to third parties as necessary to effect, administer or enforce your transactions or otherwise service your account;
2) to service providers for our everyday business purposes;
3) to service providers for our marketing purposes, to offer our products and services to you;
4) to other financial companies with whom we have joint marketing agreements;
5) to our affiliates for their everyday business purposes as permitted by law;
6) with your consent;
7) pursuant to a court order or other legal process; or,
8) as otherwise required or permitted by law, such as to regulatory or consumer reporting agencies, or to protect against fraud.

(r) Fees
You will not be charged for use of the Bank's Online Banking, Bill Pay or Mobile Banking Applications Services. We may add fees for these Services by following the procedures outlined in your Deposit Account Agreement for making changes. The service charges and fees provided for in your Account Agreement(s) will apply. Please refer to your Account Agreement(s) and Fee Schedule for a listing of these fees.

You are also responsible for all telephone, mobile remote access and other similar charges incurred in connecting to the Bank's Online Banking Service and for charges by any Internet service provider providing connection to the Internet.

(s) Unauthorized Transfers
Notify us AT ONCE if you believe your Mobile Device or your user name, password, or both have been stolen or used without your permission, or if you believe that an electronic funds transfer has been made without your permission using information from your check. You could lose all the money in your Deposit Account plus your available overdraft protection credit. Telephoning is the best way of keeping your possible losses down. If you notify us within two (2) Business Days after you learn of the theft of your Mobile Device, user name and/or password or any unauthorized electronic fund transfer from your Deposit Account, you can lose no more than $50 if someone uses your Mobile Device, user name and/or password or withdraws funds from your Deposit Account by electronic fund transfer without your permission. If you do not notify us within two (2) Business Days after you learn of the theft of your Mobile Device, user name and/or password or any unauthorized electronic fund transfer from your Deposit Account, and we can prove we could have prevented someone from using your user name and/or password withdrawing or transferring funds from your Deposit Account without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) Calendar Days after the statement was mailed or otherwise made available to you, you may not get back any money you lost after the sixty (60) Calendar Days if we can prove that we could have stopped someone from taking the money if you had notified us in time.

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

Special Rule for Massachusetts Residents: You can lose no more than $50, regardless of when you notify us of the loss or theft of your Mobile Device, user name and/or password or any unauthorized electronic fund transfer from your Deposit Account.

If you believe someone has accessed your Deposit Account or Loan Account without your permission, that someone has transferred or may transfer money from your Deposit Account or Loan Account without your permission, or if you believe a transfer has been made without your permission using information from your check, call or write:

TD Bank, N.A. Customer Service Department Mail Stop 02-206-02-15 6000 Atrium Way Mt. Laurel, NJ 08054

Business Days: Monday through Friday, excluding Federal holidays

You agree not to contact us via email if you believe your Mobile Device or user name, password, or both have been stolen or used without your permission or to report unauthorized transfers.

(t) Error Resolution - Unauthorized Transfers and Advisability of Prompt Reporting

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC FUNDS TRANSFER If you need information about an Electronic Funds Transfer or if you believe there is an error on your bank statement relating to an Electronic Funds Transfer, telephone the Bank immediately at 1-800-493-7562 or write to:

TD Bank, N.A. Customer Service Department Mail Stop 02-206-02-15 6000 Atrium Way Mt. Laurel, NJ 08054

You agree not to contact us via e-mail if you need information about an Electronic Funds Transfer or if you believe there is an error on your bank statement relating to an Electronic Funds Transfer

We must hear from you no later than sixty (60) Calendar Days after we sent or otherwise made available to you the first statement on which the problem or error appeared. When contacting the Bank, please provide us with the following information:

(1.) Tell us your name, Account number(s), and user name.

(2.) A description of the error or transaction you are unsure about. Please explain as clearly as you can why you believe there is an error or why more information is needed.

(3.) The dollar amount of the suspected error.

When making a verbal inquiry, the Bank may ask that you send us your complaint in writing within ten (10) Business Days after the first verbal inquiry.

We will complete our investigation within ten (10) Business Days after we hear from you (or within twenty (20) Business Days after we hear from you if your notice relates to a transfer that occurred within thirty (30) Calendar Days after your first deposit to the Deposit Account). If we need more time, however, we may take up to forty-five (45) Calendar Days to investigate your complaint or question. We may take up to ninety (90) Calendar Days to investigate your complaint or question if it relates to a transaction you initiated from outside the United States, or a transaction which occurred within thirty (30) Calendar Days after your first deposit to the Account. If we decide to do this, we will credit your account for the amount you think is in error within ten (10) Business Days (or twenty (20) Business Days if your complaint or question relates to a transfer occurring within thirty (30) Calendar Days after your first deposit to the Deposit Account), so that you will have 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, we may not credit your account.

We will correct any error promptly after we complete our investigation. We will send you a written explanation within three (3) Business Days after completing our investigation. You may ask for copies of the documents that we used in our investigation and we must make these available to you for inspection.

(u) Ending the Bank's Online Banking Service Agreement You may end your rights to use the Bank's Online Banking Service by notifying us in writing. We may end your rights to use the Bank's Online Banking Service for any reason and at any time without notifying you. We may terminate your access to the Bank's Online Banking Service if you do not log into the Bank's Online Banking Service for a period of six (6) months.

If more than one person is authorized to withdraw funds from your Deposit Account or Loan Account, or if another person is authorized to electronically access your Deposit Account or Loan Account, we cannot stop that person from using the Bank's Online Banking Service.

If you end the Bank's Online Banking Service, you authorize us to continue making transfers, bill payments and other transactions you have previously authorized until such time as we have had a reasonable opportunity to act upon your closing notice. Once we have acted upon your closing notice, we will make no further transfers, payments or transactions from your Deposit Account or Loan Account, including transfers, payments or transactions you have previously authorized. However, you must cancel any automatic recurring transfers or payments requested using the Bank's Online Banking Service prior to terminating the Bank's Online Banking Service.

If we end the Bank's Online Banking Service, we reserve the right to make no further transfers, payments or transactions from your Deposit Account or Loan Account, including any transfers and transactions you have previously authorized.

If either you or we end your rights to use the Bank's Online Banking Service, we will no longer be required to complete any of your Online Banking transactions. You will remain obligated to us under this Agreement for all your Online Banking transactions, even if they occur or are completed after your rights under this Agreement have terminated.

(v) Amendments We may amend or change this Agreement at any time by notifying you prior to the effective date of any amendment or change. Generally, the Bank will provide you notice of changes to this Agreement using the secure message feature of the Online Banking Service. If you do not agree to the change or amendment, you must immediately notify us and cancel your access to the Bank's Online Banking Service.

(w) Hyperlinks The Bank may elect to display one or more hyperlinks on its Online Banking Service website from time to time. A hyperlink is any highlighted words or phrases in a document that allow the user to click through to another section of the same document or to another document on the World Wide Web. A hyperlink may allow you to click through to a third party website over which we have no control. The Bank specifically disclaims any responsibility for the content, products and services provided at linked third party websites. The Bank is not liable for any failure of the products or services advertised on third party websites. You should be aware that third party websites may have privacy policies that differ from the Bank's privacy policy; it is your responsibility to review privacy policies at the linked third party websites to determine whether those policies are acceptable to you. The linked third party websites may provide less security than the Bank's website.

(x) Use of Personal Financial Management (PFM) Software Your account data may be accessed using personal financial management (PFM) software (e.g., Microsoft Money or Intuit's Quicken products). A list of supported software can be found on our non-secure informational site. Supported functionality may vary depending upon the software that you are using, and the software that we support may change from time to time. Use of PFM software is intended to supplement and/or enhance use of our Online Banking Service and not replace it. Access to account information through PFM software must be done using an active Online Banking user name and password or other secure method as required. You are responsible for any necessary purchase, installation, configuration, maintenance, updates and upgrades to the PFM software and/or your Computer. We are not responsible for any problems related to the PFM software itself, your Computer or your ability to connect using the PFM software as described in this Agreement. We will provide you with reasonable assistance, when requested and as we are able, for the purpose of enabling your eligible Deposit Accounts for use with PFM software that we support. We are not responsible for any problem that you may have using your PFM software to connect to our Online Banking Service if no known problem exists with our systems that might impede such connectivity, or if the problem is due to your software, Computer or Internet service. You should verify all account data obtained and transactions executed on your accounts using PFM software. Our records of transactions, instructions and communications regarding your accounts and Online Banking access supersede any records stored or created on your computer equipment through the use of PFM software. Your Account Agreement(s), this Online Banking Agreement, and other related agreements between you and the Bank govern all transactions, instructions and communications executed or transmitted between you and the Bank using the PFM software. You are responsible for any and all obligations to any software vendor arising from your use of that vendor's PFM software.

(y) No Warranty WE MAKE NO REPRESENTATION OR WARRANTY, WHETHER STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE.

(z) Actions Beyond Our Control We shall not be responsible for any occurrence, act or omission not within our reasonable control, including, without limitation, the inoperability or malfunction of any communications, computer or payment system, power outages, acts of God, war, labor difficulties, or actions of any government either in its sovereign or contractual capacity.

(AA) ADDITIONAL INFORMATION REQUIRED BY MASSACHUSETTS LAW

(1) Any documentation provided to you that indicates an electronic funds transfer was made to another person shall be admissible as evidence of the transfer and shall constitute prima-facie proof that the transfer was made.

(2) Except as otherwise provided in this Internet Banking Agreement, the initiation by you of certain electronic fund transfers from your account will effectively eliminate your ability to stop payment of the transfer.

Unless otherwise provided in this Internet Banking Agreement, you may not stop payment of electronic funds transfers. Therefore, you should not employ electronic access for purchases or services unless you are satisfied that you will not need to stop payment.

(3) This is the address and telephone number to use to request a stop payment order of a preauthorized payment or to report a lost or stolen card or PIN, an unauthorized transfer, or an error:

TD Bank, N.A. Customer Service Department Mail Stop 02-206-02-15 6000 Atrium Way Mt. Laurel, NJ 08054 Phone: 1-888-751-9000 You can reach us at the above telephone number 24 hours a day, 7 days a week.

13898-DC-R (03/13)

ONLINE BANKING SERVICE AGREEMENT FOR BUSINESS ACCOUNT CUSTOMERS

This Online Banking SERVICE Agreement for Business Account Customers (the "Agreement") governs the terms and conditions of the use of the Bank's Online Banking Service, a financial services program, provided to customers of TD Bank.

In this Agreement, the following definitions apply:

The words ï¿½you.ï¿½ ï¿½yourï¿½ and the ï¿½Customerï¿½ mean an Online Banking customer (including, where the context requires, an Authorized User, as such term is defined below), and the words ï¿½we,ï¿½ ï¿½us,ï¿½ ï¿½ourï¿½, ï¿½TD Bankï¿½ and the ï¿½Bankï¿½ mean TD Bank, N.A. The words "Deposit Account" mean your Checking Account, Money Market Checking Account, Money Market Savings Account, Savings Account, Certificate of Deposit (CD), and any other Deposit Account you may have with us that was established primarily for business or commercial purposes. The words "Loan Account" mean your Auto Loan, Cashline, Equity Loan, Equity Line of Credit, Collateral Loan, and any other Loan Account you may have with us that was established primarily for business or commercial purposes. In this Agreement we refer to "eligible" Deposit Accounts and "eligible" Loan Accounts. Eligible Deposit Accounts and eligible Loan Accounts are accounts that you will have access to through the Bank's Online Banking Service. Certain types of transactions, including transfers between Deposit Accounts, or between Loan Accounts, or between Deposit and Loan Accounts, may be limited or not permitted depending on titling, product type, Bank policy or applicable law or regulation. Therefore, in this Agreement, the use of the term "eligible" shall also mean that only certain Deposit Accounts and Loan Accounts may be used for the transaction described. The words "Electronic Funds Transfer" (or "EFT") are used to mean a transfer of funds initiated by a computer to or from your Deposit Account or Loan account. The words ï¿½Authorized Userï¿½ mean any person you authorize to use the Bankï¿½s Online Banking Service to access your Deposit Accounts or Loan Accounts. The words "user name" mean an alphanumeric code that you select when applying for the Bank's Online Banking Service. Your Deposit Account and Loan Account and use of the Bank's Online Banking Service are also governed by the Business Deposit Account Agreement and Loan Account Agreement as amended from time to time (referred to herein as the "Account Agreements"). Any terms that are not defined in this Agreement have the same meaning as in the Account Agreements.

(a) General You (or any Authorized User) can use your designated user name(s), password(s), and "enhanced log-in security", along with a personal computer or other Internet-enabled system or access device to perform certain transactions described below. ï¿½Enhanced log-in securityï¿½ incorporates multiple additional factors to authenticate you as a customer. Additional information regarding each Online Banking Service user's access pattern will be collected and validated automatically. A unique electronic signature will be created for each user based on their specific access pattern; additional authentication may occur automatically when there is a deviation from this unique signature.

If you are a small Government Banking customer, you may designate up to three Authorized Users, each of whom will be provided with a unique user name and password. All Authorized Users shall be indentified on the Enrollment Form and you shall be responsible for advising the Bank when it is to terminate the access rights for any of the Authorized Users.

You should never provide your user name(s), password(s), or enhanced log-in security information to a third party. If you do so (or if any Authorized User does so), you are authorizing that party to conduct transactions on your Deposit Account. Therefore, you are responsible for any transactions, including transfers from your Deposit Accounts, resulting from you (or any Authorized User) furnishing your user name(s), password(s) and enhanced log-in security information to a third party. The Bank will not be liable and will not reimburse you for any losses that may occur as a result of this authorized use of your user name(s), password(s) and enhanced log-in security information.

(b) You Agree By using (or permitting any Authorized User to use) the Bank's Online Banking Service, you agree to the terms and conditions in this Agreement, and (after their effective date) any changes in such terms and conditions shall apply to the use of Online Banking by you and any Authorized User. If you do not agree with these terms and conditions, you may not use or permit any Authorized User to use the Bank's Online Banking Service. By using (or permitting any Authorized User to use) the Bank's Online Banking Service, you consent to the electronic transmission of personal financial information. Your consent will be deemed effective for as long as you use the Bank's Online Banking Service.

(c) Access Requirements In order to use the Bank's Online Banking Service, you will need: (1) a personal computer (PC) or other Internet-enabled system, and any software and required equipment that can support the Internet browser described on our Browser Requirements page (hereinafter referred to as a ï¿½Computerï¿½), or (2) a mobile Internet-enabled access device, and any software and required equipment that can support the Internet browser described on our Browser Requirements page (hereinafter referred to as a ï¿½Mobile Deviceï¿½). You are responsible for the installation, maintenance and operation of your Computer or Mobile Device and all related charges. You are responsible for installing and maintaining appropriate virus protection on your Computer or Mobile Device. We are also not responsible for any losses or delays in transmission of information that you provide to us or otherwise arising out of or incurred in connection with the use of any Internet or other service provider providing your connection to the Internet or any browser software. You are also responsible for all telephone, mobile remote access and other similar charges incurred in connecting to the Bank's Online Banking Service and for charges by any Internet service providing connection to the Internet.

(d) New Accounts Eligible new Deposit Accounts or Loan Accounts that you open with the Bank after your initial enrollment in Online Banking will be enabled in Online Banking, upon request from an Authorized User.

(e) Authorizations You (or each Authorized User) must be authorized to transact business in the Deposit Account or a Loan Account in order to access it through the Bank's Online Banking Service. We are entitled to act on transaction instructions received using your user name, password and enhanced log-in security information, and you agree that the use of your user name, password and enhanced log-in security information will have the same effect as your signature (or the signature of an Authorized User) authorizing the transaction. We reserve the right to deny Online Banking transactions if one of the following exceptions exists:

(1) If, through no fault of ours, you do not have enough money in your Deposit Account(s) or Loan Account(s) to make the transfer.

(2) If the transfer would go over the credit limit on any applicable Overdraft Protection Plan or Line of Credit.

(3) If the Bank's Online Banking Service, your Computer or Mobile Device was not working properly.

(5) If the money in your Deposit Account(s) or Loan Account(s) is subject to legal process or other encumbrance restricting the transfer.

(6) If you do not give proper, complete or correct instructions for the transfer, or you do not follow the procedures in this or any other agreement with us for requesting a transfer.

(7) If your user name(s) and/or password(s) have been reported compromised, or we have canceled or disabled your user name(s) and/or password(s) or the Bank's Online Banking Service.

(8) If we have reason to believe that you or someone else is using the Bank's Online Banking Service for fraudulent or illegal purposes.

(9) If a payment or transfer request consisted of money deposited in a form or by a method whereby the money is not yet available for withdrawal.

There may be other exceptions stated in our Account Agreement(s) with you.

Pursuant to the Bankï¿½s enrollment procedures for the Online Banking Service, each Authorized User will receive a user name and temporary password. You must change that password the first time you use the Bankï¿½s Online Banking Service.

You agree to keep your user name(s) and password(s) confidential and not to disclose them to any person except Authorized Users. You agree that any transaction made using any user name(s) and password(s) assigned to you will be deemed an authorized transaction until you have notified us, in writing or by secure e-mail, of the unauthorized use or theft of your user name(s) and/or password(s). You will cause your Authorized Users to abide by these security rules and will promptly notify us of the termination of any authority of any Authorized User.

You acknowledge and agree that the Bankï¿½s Bill Pay service is not intended for use by Small Government Banking Customers. You agree to inform all Authorized Users of this limitation. Nevertheless, if you or any Authorized User gain access to Bill Pay service, you agree that any transaction made using that Service with any user name(s) and password(s) assigned to you will be deemed an authorized transaction and you agree to be liable for any such transactions made using the Bill Pay service.

You acknowledge and agree that we have employed commercially reasonable security measures to protect the integrity of the data you transmit to us over the Internet and to protect against unauthorized access to your Deposit Account. You agree that any interception of data that occurs notwithstanding these security measures is beyond our control, and we are not responsible for any such interception. You also agree that if we abide by the security procedures applicable to your Deposit Accounts, you are liable for any losses that occur through unauthorized use of your Deposit Accounts, unless otherwise expressly required by law. Any physical access to your Computer or Mobile Device obtained by any person will be deemed authorized use and authorized access resulting in an authorized transaction. Your user name and password are your signature authorization for any transactions, including payments to payees through the Bill Pay service. Each time you enter your user name, password and payment instructions, you are authorizing us to process your request and charge your Deposit Account.

These rules supersede any contrary statements made in any other agreement or disclosure, including, without limitation, any disclosure you receive with respect to Electronic Funds Transfers and Debit cards in connection with your Deposit Account(s) and Loan Account(s) with us.

(f) Our Liability If We Fail To Make Certain Transfers The following applies to EFTs only. If one of the exceptions stated under section (e) above does not exist and we fail to complete an EFT to or from your Deposit Account or Loan Account on time or in the correct amount as set forth in Section (g) below, we will be liable only for your actual losses.

(g) Online Transactions

Except for the special features of our ï¿½Mobile Banking Applications Serviceï¿½ as described in section (j) below, Online Banking allows the Customer, including any Authorized User, to perform the following functions (though, based on what type of business account you have, the options may be limited. Please see your Enrollment Form to see which functions apply to your account):

1) you may transfer funds between eligible Deposit Accounts and Loan Accounts; 2) you can get balances and transaction history for a period of time preceding the date of request on eligible Deposit Accounts and Loan Accounts; 3) you can place stop payments on checks that have not been paid; 4) you can reorder checks; 5) you can send and receive electronic mail (e-mail) to/from us; 6) you can arrange to have Bill Payments made from eligible Checking and Money Market Checking Accounts; 7) you can access up to 84 months of electronic statements for your eligible Checking, and Savings Accounts (see section (G)(8) below for details); and 8) perform any of the other banking services currently offered or to be offered in the future.

These features of Online Banking are limited to the extent, and subject to the terms, noted below:

1. Savings and Money Market Accounts Your ability to transfer funds between and/or make payments from certain Deposit Accounts is limited by law. For any Statement Savings Account(s) (including Money Market Accounts), you may make as many in-person withdrawals at a teller window or any ATM as you wish. However, federal regulations permit the depositor to make no more than a combined total of six (6) pre-authorized, automatic, electronic (including computer initiated), telephone withdrawals or transfers, or by check, draft, debit card, or similar order payable to third parties in any monthly period. We may impose a fee, as disclosed on the Fee Schedule, for each such withdrawal in excess of six (6) that you make in any monthly period. These fees will be reflected in your monthly statement. In addition, repeated violations will result in the Account being closed or changed from a savings type Account to a transaction Account.

3. Account Information The Deposit or Loan Account information that you access via the Bank's Online Banking Service will generally be current as of the Business Day (as defined below) you obtain the information, unless another time is specified. Information is available on your eligible Deposit Account for up to the past sixty (60) days.

4. Stop Payments of Checks Stop Payments of checks are governed by the provisions detailed in your Deposit Account Agreement(s).

5. Stop Payments of Pre-authorized Transfers Preauthorized transfers from your Deposit Account(s) can be discontinued by calling us at the Call Center or by writing to:

TD Bank, N.A. Customer Service Department Mail Stop 02-206-02-15 6000 Atrium Way Mt. Laurel, NJ 08054

Stopping payment on pre-authorized transfers is governed by the provisions detailed in your Account Agreement(s).

6. Liability for Failure to Stop Payment of Pre-authorized Transfer If you order us to stop one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, our liability for your losses or damages shall be as described in the Account Agreement(s).

7. Direct Deposits If you have arranged to have direct deposits made to your Deposit Account from the same person or company, you can call us at 1-800-493-7562 to find out whether the deposit has been made. If the only possible transfers to or from your Deposit Account are direct deposits, you will get a monthly statement from us.

8. Electronic Statements Electronic statements for your eligible Checking, Money Market, and Savings Accounts are available through Online Banking. We will archive electronic statements for your eligible Accounts beginning on the date of the first electronic statement you receive after enrolling in Online Banking (but no earlier than April 2010). We will continue adding your most recent electronic statement to the archive each month until the archive contains 84 months of electronic statements. After that, you will be able to access the most recent 84 months of electronic statements.

(h) E-mail Because normal Internet e-mail transmissions may not be secure, for Account inquiries, you agree to log into the Bank's Online Banking Service and contact us electronically only through Online Banking's secure messaging service. We will not immediately receive e-mail that you send. Therefore, you should not rely on e-mail if you need to communicate with us immediately, for example: to make an inquiry with respect to an EFT; to report a lost or stolen Card; to report unauthorized use of your user name(s) and password(s); to report an unauthorized transaction from one of your Accounts; or to report suspected errors. For these types of communications, you should follow the instructions contained in Section (r), Unauthorized Transfers. We will not take action based upon your e-mail requests until we actually receive your message and have a reasonable opportunity to act.

(i) ONLINE BILL PAY SERVICES ï¿½ AUTHORIZATION & AGREEMENT The terms and conditions for the Online Bill Pay Services are in addition to the terms and conditions outlined in the rest of this Agreement and the terms and conditions of your Account Agreement(s). If the terms and conditions of this section conflict with the terms and conditions contained in the rest of this Agreement, the terms and conditions contained in the rest of this Agreement will control. If the terms and conditions of this Agreement conflict with the terms and conditions contained in your Account Agreement(s), the terms and conditions of this Agreement will control.

1. BILL PAY SERVICE SPECIFIC DEFINITIONS:

"You" or "your" mean each Authorized Person who has an interest in the Online Bill Payment Account which is accessible through the Service. Whenever "you" is more than one person with respect to any such account or relationship, the obligations and agreements applicable to you under this Agreement shall be deemed to be joint and several wherever appropriate.

"Bill Payment Service" means the bill payment service offered by TD Bank, through its Bill Payment Service Provider.

"Bill Payment Service Provider" means Fiserv Solutions, Inc.

"Bill Pay Agreement" means these terms and conditions of the Bill Payment Service.

"Biller" is the person or entity to which you wish a bill payment to be directed, or the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you using the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

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

"Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

2. THE SERVICE TD Bank offers the Bill Payment Service to its personal account customers. The Bill Payment Service is provided through the Bill Payment Service Provider, which is not a party to this Agreement. The Bill Payment Service Provider operates and maintains an Internet server application, which offers bill presentment and bill payment features, capabilities and functionality. The Bill Payment Service Provider hosts and provides data security for the TD Bank Online Bill Payment web site through which TD Bank customers are able to enroll in and utilize the Bill Payment Service.

3. REPRESENTATION AND ADDITIONAL TERMS By enrolling in the Service, you acknowledge that you have received and read this Agreement and agree to its terms and conditions. You further acknowledge that you have received and read the Account Agreement(s) governing your Payment Account, and agree that any additional terms and conditions in the Account Agreement(s) applicable to participation in the Service are incorporated into this Agreement.

4. PAYMENT SCHEDULING The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be disclosed to you when you are scheduling the payment. The Service will not permit you to select a Scheduled Payment Date sooner than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

5. THE SERVICE GUARANTEE Due to circumstances beyond the control of the Bank or Bill Payment Service Provider, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Bank will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement (above).

6. PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE By providing Payment Instructions using the Bill Payment Service, you authorize the Bank or its Bill Payment Service Provider to follow the Payment Instructions that it receives through the Bill Payment System. In order to process bill payments more efficiently and effectively, bill payment related data or data formats may be edited or altered in accordance with Biller directives.

iii. You have not provided the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,

7. PAYMENT METHODS The Bank and its Bill Payment Service Provider reserve the right to select the method by which to remit funds on your behalf to your Biller. These bill payment methods may include, but may not be limited to, an electronic payment, or a laser draft payment. An electronic payment: These payments will be electronically debited from your Payment Account on the Scheduled Payment Date, unless the Scheduled Payment Date falls on a non-Business Day, in which case funds will be debited on the previous Business Day, and will be electronically forwarded to your Biller(s). A laser draft payment: These payments will be forwarded to your Biller(s) via draft drawn on your Payment Account to be received by the Scheduled Payment Date. The funds will be deducted from your Payment Account when the laser draft is presented to the Bank for payment. Your designated Biller may receive a payment via paper check. You understand it is possible that, because of the timing of the mail, the Biller may receive the check before a Scheduled Payment Date. In such circumstances, the check will be treated as a "post-dated check." Post-dated checks can be negotiated and paid or can be rejected prior to the Scheduled Payment Date. Upon receipt of a Payment Instruction by you, the Bill Payment Service may issue laser draft checks containing the name and address of the online authorized representative. As such, the name and address may not match that of the Payment Account upon which the laser draft checks were issued.

8. PAYMENT CANCELLATION REQUESTS You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions on the TD Bank Online Bill Payment website. There is no charge for canceling or editing a Scheduled Payment. Once the Bank or its Bill Payment Service Provider has begun processing a payment, however, the payment cannot be cancelled or edited, therefore a stop payment request must be submitted.

9. STOP PAYMENT REQUESTS The ability to process a stop payment request for a payment scheduled to be made through the Bill Payment Service will depend on the payment method and whether or not a check has cleared. The Bank or its Bill Payment Service Provider may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service at:

TD Bank, N.A. Customer Service Department Mail Stop NJ5-002-215 6000 Atrium Way Mt. Laurel, NJ 08054 Phone: 1-888-751-9000

10. PROHIBITED PAYMENTS Payments to Billers outside of the United States or its territories are prohibited through the Service. In addition, payments that violate any law, statute, ordinance or regulation, and any payments related to illegal gambling, illegal gaming and/or any other illegal activity are prohibited through the Service.

11. EXCEPTION PAYMENTS Payments to government entities (such as tax payments) and court ordered payments may be scheduled through the Bill Payment Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Bank or its Bill Payment Service Provider be liable for any claims or damages resulting from your scheduling of these types of payments. The Bill Payment Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed through the Bill Payment Service. The Bank and its Bill Payment Service Provider have no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Bank or its Bill Payment Service Provider.

12. BILL DELIVERY AND PRESENTMENT This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Bill Payment Service's electronic bill options, you also agree to the following: Information provided to the Biller - Updates or changes to your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller, are unable to be made through the Bill Payment Service. Any changes will need to be made by contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Bank and its Bill Payment Service Provider may, at the request of the Biller, provide to the Biller your e-mail address, Bill Payment Service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Bill Payment Service and/or bill information. Activation - Upon your activation of the electronic bill feature, the Bank or its Bill Payment Service Provider may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated, it is your responsibility to keep your accounts with the Biller current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills. Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data. Notification - The Bank will use reasonable efforts to present (and cause its service provider to present) all of your electronic bills promptly. In addition to notification within the Bill Payment Service, the Bank and its Bill Payment Service Provider may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Bill Payment Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills. Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Bank or its service provider will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. Neither the Bank nor its Bill Payment Service Provider will be responsible for presenting any electronic bills that are already in process at the time of cancellation. Non-Delivery of electronic bill(s) - You agree to hold the Bank and its Bill Payment Service Provider harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly. Accuracy and dispute of electronic bill - Neither the Bank nor its Bill Payment Service Provider is responsible for the accuracy of your electronic bill(s). The Bank and its Bill Payment Service Provider are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly. This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

13. FAILED OR RETURNED TRANSACTIONS In using the Bill Payment Service, you are requesting the Bank (through the Bill Payment Service Provider) to make payments for you from your Payment Account. Payment transactions may be attempted up to three (3) times, and you may or may not incur multiple Bank insufficient fund fees as a result. In some circumstances, an electronic payment transaction may be completed when there are insufficient funds in your Payment Account; in other circumstances, an electronic payment transaction may not be completed when there are insufficient funds in your Payment Account. Variables that affect whether such electronic payment transaction is completed include but are not limited to the size of the transaction, the status of your Payment Account, and the relationship between the applicable biller and the Bill Payment Service Provider. Regardless, whenever a transaction is returned unpaid, or is paid with a resulting overdraft, you will receive a notice from the Bank or the Bill Payment Service Provider. In circumstances where the payment transaction has been completed and there are insufficient funds in your account to pay for such transaction, you agree that: i. You will reimburse the Bank or the Bill Payment Service Provider immediately upon demand the amount of any payment transaction that has been returned to the Bill Payment Service or the amount of any overdraft created by a payment transaction; ii. You will reimburse the Bank or the Bill Payment Service Provider for any costs incurred in attempting to collect these amounts from you; and iii. The Bank or the Bill Payment Service Provider reserve the right and are hereby authorized to report the facts concerning any unreimbursed payment transactions to any credit reporting agency.

TD Bank, N.A. Customer Service Department Mail Stop NJ5-002-215 6000 Atrium Way Mt. Laurel, NJ 08054 Phone: 1-888-751-9000

15. BILLER LIMITATION We reserve the right to refuse to pay any Biller designated by you. We will notify you promptly if we decide to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

16. RETURNED PAYMENTS In using the Bill Payment Service, you understand that Billers and/or the United States Postal Bill Payment Service may return payments for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. We will use reasonable efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You will receive notification of any returned payment.

17. INFORMATION AUTHORIZATION Your enrollment in the Bill Payment Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Bill Payment Service, you agree that the Bank and its Bill Payment Service Provider each reserves the right to request a review of your credit rating at its own expense through an authorized credit bureau/consumer reporting agency. In addition, you agree that the Bank and its Bill Payment Service Provider each reserves the right to obtain financial information regarding your account from a Biller.

18. CALLS TO YOU By providing your telephone number to us, you consent and agree that we may make telephone calls regarding your account and/or relationship with us to that telephone number or any updated telephone number that you provide (including a cellular or other wireless telephone number), and that such calls are not unsolicited" for purposes of applicable law. Those telephone calls may be automatically dialed and include prerecorded messages, and your service provider may charge you to receive them.

(j) Mobile Banking Applications Service 1. General. Our Mobile Banking Applications Service allows you to access your TD Bank Account information and perform certain Online Banking and Bill Pay transactions using specially designed applications that you can download for use with certain Mobile Devices (ï¿½Mobile Applicationsï¿½). 2. Service Requirements. Use of our Mobile Banking Applications Service requires that you have enrolled in our Online Banking Service, that you have a Mobile Device currently supported through the Mobile Banking Applications Service, and that you download the appropriate Mobile Application to your Mobile Device. Once you have downloaded the appropriate Mobile Application, you may log-in to the Online Banking Service through a special URL, using your same Online Banking user name, password and enhanced log-in security information. Our Mobile Banking Applications Service uses the same security features as our Online Banking Service. 3. Online Banking. With the Mobile Banking Applications Service, you can check balances, view Account transaction history, search for transactions, and transfer money between your TD Bank Accounts, just as you can with a Computer. The Mobile Banking Applications Service also allows you to search for ATMs and branch locations, and pay your bills. You cannot use the Mobile Banking Applications Service for future dated transfers or to schedule automatic recurring transfers. 4. Bill Pay. The Mobile Banking Applications Service offers a subset of the Bill Pay service features. The Mobile Banking Applications Service allows you to send one-time bill payments to the payees you designate and that have been previously created in the Online Banking Service. Payees cannot be created in the Mobile Banking Applications Service. You cannot use the Mobile Banking Applications Service for automatic recurring bill payments, to amend a scheduled bill payment or cancel a scheduled bill payment. 5. Fees. We do not charge a fee to download the Mobile Applications or to access and use the Mobile Banking Applications Service. Your Mobile Device carrier may charge you to receive Internet, cellular or other data service. You should check with your Mobile Device carrier for details on specific fees and charges that may apply to you. 6. Miscellaneous. Your complete Account numbers will never be transmitted to you via the Mobile Banking Applications Service. Except as described in this section (j), all terms and conditions applicable to Online Banking (including Bill Pay) apply to your use of the Mobile Banking Applications Service. TD Bank is not responsible for any damage to your Mobile Device resulting from the Mobile Applications or your use of the Mobile Banking Applications Service, and you will be engaging in such activities at your own risk. Visit www.tdbank.com for more information on our Mobile Banking Applications Service, including browser and Mobile Device requirements, a list of Mobile Devices that we currently support through the Mobile Banking Applications Service, and instructions on how to download Mobile Applications.

(k) Transaction Posting Schedule The balances provided through the Bank's Online Banking Service should be current up to the time you log in. Other transactions may be delayed. Transactions are reflected on the Bank's Online Banking Service at different times and on different schedules. Pending transactions shown reflect the most recent activity occurring in your Account(s) throughout the day. These transactions may include authorization transactions whereby a merchant is verifying bank account and sufficient funds. These transactions are reflected in your current and available balances and the amount of these transactions may be different from the actual purchase amount depending on the payment mechanism and merchant. For example, a debit card transaction from a restaurant may be 25% more to insure sufficient funds for the amount of the meal and any tip included on the slip. Pending transactions are processed each Business Day and will post for the actual authorized amount and be reflected in history with any additional detail. Certain pre-authorization transactions may remain pending longer than one day before processing, depending on the type of transaction and merchant. Your available balance will reflect any holds or floats on your Account. Holds and floats are included in pending transactions. To determine the availability of funds you have deposited, please refer to the Deposit Account Agreement.

(l) Customer's Responsibility You are responsible for all transfers, payments and other transactions you authorize (or any Authorized User authorizes) using the Bank's Online Banking Service. If you (or any Authorized User) permit other persons to use your user name(s), password(s), and enhanced log-in security answers to access the Bank's Online Banking Service, you are responsible for any resulting transactions from your linked Deposit Accounts and/or Loan Accounts. We will not be liable for and will not reimburse you for any losses that may occur as a result of use of log-in name(s), password(s), and enhanced log-in security answers by persons you have authorized. You are responsible for keeping your user name(s), password(s) and account data confidential at all times.

(m) Limit of Our and Other Provider's Responsibilities We agree to make reasonable efforts to ensure the full performance of the Bank's Online Banking Service. We will be responsible for acting only on those instructions which are actually received and cannot assume responsibility for malfunctions in communications facilities not under our control that may affect the accuracy or timeliness of messages you send. We are not responsible for any losses or delays in transmission of instructions arising out of the use of any Internet service provider, your connection to the Internet, your Computer or Mobile Device, or caused by any browser software. Our sole responsibility for an error in a transfer will be to correct the error, but in no case will we be liable for any indirect, special, incidental or consequential damages. Our liability is further limited as set forth in your Account Agreement(s). In states which do not allow the exclusion or limitation of liability for indirect, special, incidental or consequential damages, our liability is limited to the maximum extent permitted by applicable law. We are not responsible for any indirect, special, incidental or consequential damages arising in any way out of your use of the Bank's Online Banking Service. We make no express or implied warranties concerning the Bank's Online Banking Service, including but not limited to, any warranties of merchantability, fitness for a particular purpose or non-infringement of a third party's proprietary rights unless disclaiming such warranties is prohibited by applicable law. The Bank's Online Banking Service gives you access to services and information which may be presented with a distinctive "look and feel." These services, information and "look and feel" are our proprietary property. You may not reproduce, sell or distribute all or any portion of the Bank's Online Banking Service.

(n) Business Days Our Business Days are every day, except Saturdays, Sundays, and federal holidays as defined in your Account Agreement. You can use your Computer or other Internet access device to access the Bank's Online Banking Service 24 hours a day, 7 days a week, except during any special or scheduled maintenance periods.

(o) Right to Get Documentation of Electronic Banking Transaction Your monthly statement will reflect electronic activity on your Deposit Account and Loan Account. You agree to review your monthly statement promptly after you receive it. If your monthly statement shows transactions that you did not authorize, you must notify us at once. You also agree to tell us promptly about any change in your address, so that we may send your monthly statements to your correct address. Certain Deposit Accounts, including but not limited to Savings Accounts, Money Market Savings Accounts, and CDs, will receive a quarterly statement if there is no electronic activity, unless we determine that your account has been inactive for a reasonable period of time. Internet Bill Payments will appear on your Deposit Account statement as a bill payment. A copy of any documentation provided to you, which indicates that an Electronic Funds Transfer was made, shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.

(p) Limits on Electronic Banking Transactions The Bank, in its sole discretion, may allow you to transfer an amount greater than the balance in your Deposit Account which may cause your Deposit Account to become overdrawn and a fee may be incurred. You may not transfer an amount that would cause you to exceed the available balance of your Overdraft Protection Plan or Line of Credit.

(q) Fees You will not be charged for use of the Bank's Online Banking Service or Mobile Banking Applications Services. We may change or add fees for these Services by following the procedures outlined in your Deposit Account Agreement for making changes. Service charges and fees provided for in your Account Agreement(s) will apply. Please refer to your Account Agreement(s) and Fee Schedule for a listing of these fees. You are responsible for all telephone, mobile remote access and other similar charges incurred in connecting to the Bank's Online Banking Service and for charges by any Internet service provider providing connection to the Internet.

(r) Unauthorized Transfers Tell us AT ONCE if you believe your Mobile Device or your user name(s), password(s), or both have been stolen or used without your permission. You agree not to contact us via email if you believe your Mobile Device or user name(s), password(s), or both have been stolen or used without your permission, or to report any unauthorized transfers. You could lose all the money in your Deposit Account, plus your available Overdraft Protection Plan or Equity Line of Credit. Also, if your statement shows transactions that you did not make, tell us at once.

(s) Ending the Bank's Online Banking Service Agreement You may end your rights to use the Bank's Online Banking Service by telling us in writing. We may end your rights to use the Bank's Online Banking Service for any reason and at any time without notifying you. We may terminate your access to the Bank's Online Banking Service if you do not log into the Bank's Online Banking Service for a period of six (6) months. If more than one person is authorized to withdraw funds from your Deposit Account, or if another person is authorized to electronically access your Deposit Account, we cannot stop that person from using the Bank's Online Banking Service. If you end the Bank's Online Banking Service, you authorize us to continue making transfers, bill payments and other transactions you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers, payments or transactions from your Deposit Account or Loan Account, including transfers, payments, or transactions you have previously authorized. However, you must cancel any automatic recurring transfers or payments requested using the Bank's Online Banking Service prior to terminating the Bank's Online Banking Service. If we end the Bank's Online Banking Service, we reserve the right to make no further transfers, payments or transactions from your Deposit Account, including any transfers and transactions you have previously authorized. If either you or we end your rights to use the Bank's Online Banking Service, we will no longer be required to complete any of your Online Banking transactions. You will remain obligated to us under this Agreement for all your Online Banking transactions, even if they occur or are completed after your rights under this Agreement have terminated.

(t) Amendments We may amend or change this Agreement at any time. If and to the extent required by applicable law, we will provide you with notice prior to the effective date of any amendment or change. Generally, the Bank will provide you notice of changes to this Agreement using the secure message feature of the Online Banking Service. If you do not agree to the change or amendment, you must notify us prior to the effective date of the change or amendment and cancel your access to the Bank's Online Banking Service.

(u) Hyperlinks The Bank may elect to display one or more hyperlinks on its Online Banking Service website from time to time. A hyperlink is any highlighted words or phrases in a document that allow the user to click through to another section of the same document or to another document on the World Wide Web. A hyperlink may allow you to click through to a third party website over which we have no control. The Bank specifically disclaims any responsibility for the content, products and services provided at linked third party websites. The Bank is not liable for any failure of the products or services advertised on third party websites. You should be aware that third party websites may have privacy policies that differ from the Bank's privacy policy; it is your responsibility to review privacy policies at the linked third party websites to determine whether those policies are acceptable to you. The linked third party websites may provide less security than the Bank's website.

(v) Use of Financial Management (FM) Software Your account data may be accessed using financial management (FM) software (e.g., Microsoft Money or Intuit's Quicken products). A list of supported software can be found on our non-secure informational site. Supported functionality may vary depending upon the software that you are using, and the software that we support may change from time to time. Use of FM software is intended to supplement and/or enhance use of our Online Banking Service and not replace it. Access to account information through FM software must be done using an active Online Banking user name and password or other secure method as required. You are responsible for any necessary purchase, installation, configuration, maintenance, updates and upgrades to the FM software and/or your Computer. We are not responsible for any problems related to the FM software itself, your Computer or your ability to connect using the FM software as described in this Agreement. We will provide you with reasonable assistance, when requested and as we are able, for the purpose of enabling your eligible Deposit Accounts for use with FM software that we support. We are not responsible for any problem that you may have using your FM software to connect to our Online Banking Service if no known problem exists with our systems that might impede such connectivity, or if the problem is due to your software, Computer or Internet service. You should verify all account data obtained and transactions executed on your accounts using FM software. Our records of transactions, instructions and communications regarding your accounts and Online Banking access supersede any records stored or created on your computer equipment through the use of FM software. Your Deposit Account Agreement, this Online Banking Agreement, and other related agreement(s) between you and the Bank govern all transactions, instructions and communications executed or transmitted between you and the Bank using the FM software. You are responsible for any and all obligations to any software vendor arising from your use of that vendor's FM software.

(w) Limitation of Liability; Indemnification In the event that an unauthorized transfer from your Account occurs for which you are not responsible under this Agreement, we will not be required to pay you interest on any reimbursement to you unless you notify us within ten (10) Calendar Days after we have made available to you a statement or other confirmation showing the transfer. You are responsible for all transfers, payments and other transactions you authorized (or any Authorized User authorizes) using the Bankï¿½s Online Banking service. If you (or any Authorized User) permit other persons to use your user name(s) and password(s) to access the Online Banking service, you are responsible for any resulting transactions from your Account(s). The Bank will not be liable for and will not reimburse you for any losses that may occur as a result of use of your user name(s) and password(s) by persons you have authorized. You are responsible for keeping your user name(s), password(s), enhanced log-in security and account data confidential at all times. Provided the Bank shall have exercised ordinary care in the performance of its obligations under this Agreement, Customer agrees to indemnify and hold the Bank harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including, but not limited to, attorneys fees and court costs) of any nature whatsoever arising directly or indirectly from Customerï¿½s use of Online Banking or any other matters related to this Agreement. You shall also indemnify us and hold us harmless from any and all claims, demands, losses, liabilities, costs and expenses, including without limitations, attorneys fees and court costs, resulting from or arising out of (a) any breach of any of the representations, warranties, covenants or agreements provided herein, (b) any act or omission by us performed in accordance with your oral, electronic, or written instructions, or (c), any act or omission by you or those of any Authorized User. This Agreement supplements and remains subject to the terms and conditions of the Deposit Account Agreement, including those provisions relating to limited liability and indemnity. The provisions of this section (w) shall survive the termination of this Agreement.

(x) Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES PROVIDED ï¿½AS IS,ï¿½ AND THE BANK AND ITS SERVICE PROVIDERS AND AGENTS DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WITHOUT BREACHES OF SECURITY OR WITHOUT DELAYS. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUDION OR LIMITATION OF LIABILITY, THE LIABILITY OF THE BANK AND ITS SERVICE PROVIDERS AND AGENTS IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.

(y) General Provisions Governing Law. This Agreement is governed by the laws of the state or commonwealth in which the Bank office where you opened your Deposit Account is located, except where applicable federal law is controlling.

(z) Jury Trial Waiver You and we each agree that neither you nor we shall (a) seek a jury trial in any lawsuit, proceeding, counterclaim, or any other action based upon, or arising out of, this Agreement or any Deposit Account or the dealings of the relationship between you and us, or (b) seek to consolidate any such action with another in which a jury trial cannot be or has not been waived. The provisions of this section shall be subject to no exceptions. Neither you nor we have agreed with or represented to the other that the provisions of this section will not be fully enforced in all instances. You and we each acknowledge that this waiver has been knowingly and voluntarily made.

For Government Banking Customers

(1) Termination
The term of this Agreement is one (1) year, and will automatically renew for additional one (1) year periods. This Agreement may be terminated, with or without cause, by one party giving the other party prior written notice of termination. In addition, the bank may terminate its obligations hereunder at any time without notice to you upon the occurrence of any of the following events or circumstances.
a) your violation or breach or default in the performance of, or failure to observe, any term, agreement, obligation, representation, or warranty contained herein;
b) default by you in the payment of any sum owed by the customer to the Bank hereunder or under any note or other agreement;
c) misrepresentation given or made to the Bank in connection herewith;
d) seizure, attachment or garnishment of your deposit accounts, assets or properties;
e) business failure, insolvency or bankruptcy of the customer;
f) default by the customer under any other agreement between the Customer and the Bank or under any note evidencing indebtedness owed by the Customer to the bank or;
g) the Bank believes, in good faith, that you are using the Online Banking Service for an improper or unlawful purpose.

All sums remaining due and owing by you to the Bank shall be due and payable in full immediately upon the termination of this Agreement. This Agreement shall remain full force and effect until terminated as aforesaid, and all warranties, representations and covenants theretofore made shall survive and be binding and enforceable after termination.

(2) Representations and Warranties
For purposes of this section, ï¿½Governmental Unitï¿½ means (a) any town, city, school district or school administrative district, housing authority, hospital district, sewer district, sanitary district, municipal electric district, country or other political subdivision, government agency, bureau, department or other instrumentality, or quasi-governmental corporation or entity defined by applicable law, and (b) any state government or any agency, department, bureau, office or other instrumentality thereof. a) if the Customer is a Governmental Unit of the type included in (a) above, the customer and individual warrant and agree: I. that the Enrollment Form has been duly executed by the Treasurer, Finance Director, or other financial officer authorized by law to make disbursements of governmental funds and enter into banking agreements; II. that this Agreement has been duly authorized by a vote of the governing body of the Customer that was duly called and noticed, at which the necessary majority voted to authorize this Agreement, as evidenced by the certification of the Secretary of the government body and provided with this Agreement; III. that only persons authorized to disburse municipal funds from any account will be enrolled as Authorized Users having access to wire transfers, ACH, or Account transfer functions; IV. that if this Agreement remains in effect for more than one budget year, upon request of the Bank, the Customer will ratify and provide evidence of the renewal of this Agreement and Government Banking Enrollment Form in subsequent years; and V. that this Agreement is the valid and binding obligation of Customer, enforceable against Customer in accordance with its terms.

b) if the Customer is a Governmental Unit of the type included in (b) above, the Customer and the individual warrant and agree: I. that this Agreement has been duly authorized by a financial officer authorized by law to make disbursements of governmental funds and enter into banking agreements on behalf of the Customer; II. that this Agreement has been duly authorized by a senior officer of the Customer; III. that the Customer has complied with all state laws and regulations, including any regulations or policies adopted by the Customer with respect to electronic commerce in entering into and performing this Agreement and any related ACH or wire transfer agreement; IV. that only persons authorized to disburse Customer funds from any Account will be enrolled as Authorized Users having access to wire transfers, ACH or Account transfer functions; and V. that this Agreement is the valid and binding obligation of Customer enforceable against Customer in accordance with its terms.

c) for a customer of the type included in either (a) or (b) above, the customer and the individual further warrant and agree: I. that upon Bankï¿½s request, the customer shall provide evidence of those persons authorized to disburse Customer funds as described in (a)(III) and (b)(IV) above; II. that upon Bankï¿½s request, Customer will certify its compliance with (a) or (b), as applicable, on an annual basis; and III. that Customer will provide notice to Bank if any person authorized to disburse Customer funds as described in (a) (III) and (b)(IV) is no longer so authorized or his/her position of such authority is terminated for any reason.

13898-DC-SB (03/13)