Online Banking Agreement/Disclosure
This is the Agreement for your Peoples Bank of   Middle Tennessee  Personal Online Banking Services and it includes   certain disclosures for  electronic fund transfers. This Agreement   states the terms and conditions that  apply when you use Peoples Bank of   Middle Tennessee Personal Online Banking  Services, and constitutes the   entire agreement between you and Peoples Bank of  Middle Tennessee with   respect to the subject matter of this Agreement, and there  are no   understandings or agreements related to this Agreement that are not    fully expressed herein. These terms and conditions are in addition to   the terms  and conditions that apply to any accounts or other service   covered by this  Agreement.
            
  The terms and conditions of the deposit agreements and    disclosures for each of your Peoples Bank of Middle Tennessee accounts as   well as your other  agreements with Peoples Bank of Middle Tennessee,   such as loans,  continue to apply notwithstanding anything to the   contrary in this Agreement. 
  
  This Agreement is also subject to applicable federal laws and    the laws of the State of Tennessee  (except to the extent this   Agreement can and does vary such rules or laws). If  any provision of   this Agreement is found to be unenforceable according to its  terms, all   remaining provisions will continue in full force and effect. The    headings in this Agreement are for convenience or reference only and   will not  govern the interpretation of the provisions. Any waiver   (express or implied) by  either party of any default or breach of this   Agreement must be in writing and  shall not constitute a waiver of any   other or subsequent default or breach. You  may not assign this   Agreement. This Agreement is binding upon your heirs and  Peoples Bank   of Middle Tennessee successors and  assigns. Certain of the obligations   of the parties pursuant to this Agreement  that by their nature would   continue beyond the termination, cancellation or  expiration of this   Agreement shall survive termination, cancellation or  expiration of this   Agreement. 
  
  Definitions: In this  agreement, the words   "we", "us", "our", "the  Bank", and "Bank" mean Peoples Bank of Middle   Tennessee.  The words "you" and "your" refer to each person who    establishes a Peoples Bank of Middle Tennessee Personal Online Banking   Account  with us or who uses, or is authorized to use, a Peoples Bank of   Middle Tennessee  Personal Online Banking identification number and   password or other means of  access we establish or approve. 
  
  The words "Access ID" means the Online Banking  identification   number, password, and/or other means of access we establish or    approve. "Services" means our Peoples Bank of Middle Tennessee Personal    Online Banking Services that allow you to obtain account information,   transfer  funds, make payments including our "Bill Pay" service, access    accounts, and perform other transactions over the Internet by use of a   personal  computer and modem/cable and/or other means we authorize or   allow. "Bill  Pay" or "Bill Payment" means the function of our Services   that  allows you to direct payments from your designated Bill Pay   checking account to  third parties you wish to pay. "Business Day" means   Monday through  Friday. Time of day references, when using our   Services, are Central Standard  Time or Central Daylight Time, as   applicable. 
  
  When you use our Services or you permit another person to use    our Service, you agree to the terms and conditions we have set out in   this  Agreement and any instructional material that we provide you   regarding the  Services. 
  
  Access  to Services: Our Services are for   authorized use by Peoples Bank of Middle Tennessee customers only.   Attempted  unauthorized access is a violation of federal law and will be   prosecuted to the  full extent of the law. 
  You must have at least one eligible personal deposit, credit,   or other account  type with us. You may not designate any account that   requires more than one  signature for withdrawals. You must be the owner   of this account (or accounts).  Your account(s) with us must be in good   standing. For Bill Pay services, you  must have a checking account that   will be designated as the account from which  bill payments will be   made. 
  
  You, or someone you have authorized by giving them your Access    ID, can instruct us to provide information to perform transactions on   any of  your accounts for which you have enrolled for Services   including: 
- Account Information - information, including transaction history, about your accounts.
- Funds Transfer - make transfers between your accounts.
- Bill Pay - On Demand and Recurring payments from an eligible personal Bank checking account. See Bill Pay section below.
- Other Services - obtain other services or perform other transactions that we may authorize.
Business Days and Hours of Operations: The  Peoples Bank of Middle Tennessee Personal Online Banking Services   are generally  available 24 hours a day, 7 days a week. However, we only   process transactions  and update information on business days. Our   business days are Monday through  Friday. Transfers made after 3:30 P.M.   Central Time (CST/CDT) will be processed  the next business day.   Holidays are not business days. 
            
            Changes/Interruptions in Service: We may    periodically do maintenance on our equipment or system that may result   in a  temporary interruption of service or errors in the Service. We may   also change  the scope of our Services from time to time. We will   attempt to provide prior  notice of such changes/interruptions but   cannot guarantee that such notice will  be provided. 
            
            Charges/Fees: Once you are an enrolled user    of the Services, you agree to the terms and conditions of this account    including any schedule of charges that may be imposed. You shall be   subject to  any future changes and fees after 30 days prior notice. You   authorize us to  automatically deduct all applicable charges and fees   from your primary checking  (and other applicable) account(s) with us. 
            
            Important Note for Non-Personal Account Holders: The loss,  theft, or unauthorized use of your Access ID and Password   could cause you to  lose all of the money in your account, plus any   amount available under your  overdraft protection credit line or other   credit lines linked to your deposit  account utilized for bill payments,   transfers, or cash management services  (separate agreement required   for cash management services). YOUR USE OF THE  SERVICES UNDER A   NON-PERSONAL DEPOSIT ACCOUNT IS YOUR AGREEMENT TO ASSUME ALL  RISKS AND   LOSSES ASSOCIATED WITH THE DISCLOSURE OF YOUR ACCESS ID AND PASSWORD  TO   YOUR EMPLOYEES, OR OTHER PERSONS. YOU AGREE TO LIMIT THE DISCLOSURE OF   YOUR  ACCESS ID AND PASSWORD TO THOSE EMPLOYEES AND OTHER PERSONS YOU   AUTHORIZED TO  USE THE SERVICES. 
            
              Security: In order to maintain secure  communications   and reduce fraud, you agree to protect the security of your  Access ID   and Password. We reserve the right to block access to the Services if    we reasonably believe the confidentiality of your Access ID and Password   may  have been compromised and/or that they may be being used by an   unauthorized  person. We also may require you to utilize Internet   browser software meeting  certain minimum-security requirements in order   to access our Services. 
    
    Access ID and Password: To access  our   Services you must use the identification code and/or other means we    establish or provide for your Online Banking Customer Account, together   with a  password which we initially provide. Anyone to whom you provide   your Access ID  and password will have full access to your accounts even   if you attempt to  limit that person's authority. For your protection,   we recommend that you do  not use the same Access ID for these Services   that you use on other bank or  non-bank products. You are responsible to   protect your Access ID and password  from unauthorized access. You   agree that we are authorized to act on  instructions received under your   password. You accept responsibility for the  confidentiality and   security of your password. Upon three (3) unsuccessful  attempts to use   your password, your access to the Services will be locked out  for a   specific amount of time. After the lock out time, you are allowed   another  set of three (3) unsuccessful attempts to use your password. If   the second lock  out occurs, your access to the Services will be   revoked. To re-establish your  authorization to use the Services, you   must contact us to obtain a new  temporary password. Your password   should not be associated with any commonly  known personal   identification, such as social security numbers, address, date  of   birth, names of children, and should be memorized rather than written   down. 
    
            YOU AGREE NOT TO ALLOW ANYONE TO GAIN ACCESS  TO THE SERVICES   OR TO LET ANYONE KNOW YOUR ACCESS ID AND PASSWORD USED WITH THE    SERVICES. YOU AGREE TO ASSUME RESPONSIBILITY FOR ALL TRANSACTIONS   INITIATED THROUGH  THE SERVICE WITH YOUR ACCESS ID AND PASSWORD, UP TO   THE LIMITS ALLOWED BY  APPLICABLE LAW. 
    
    Lost or Stolen Access ID, password, or Unauthorized  Access: If your Access ID and/or password have been lost or stolen  or you   believe and unauthorized person is accessing your accounts, call us    immediately at 931-684-7222. Telephoning us immediately is the best way   of  minimizing your possible losses. 
    
            To the extent that a transaction is an  electronic fund   transfer, you can lose no more than $50 if you notify us within  two (2)   business days of discovering any unauthorized use of the Services or    your Access ID or password. However, you can lose as much as $500 if you   do not  notify us within two (2) business days of discovering the   unauthorized use and  we can prove that we could have stopped the   unauthorized use had we been  notified. 
    
    Transaction Limits: You must have enough    available collected funds or credit in any account from which you   instruct us  to make an account transfer or loan payment. If the date   you schedule a  transfer or payment to be made is not a Business Day,   then funds must be  available in your account the following Business   Day. 
    
    Incorrect Transactions on Your Statement: In   case  of error or questions about your electronic transfers, notify us   by calling  931-684-7222 or by writing to P.O.    Box 707, Shelbyville,   TN 37162  as soon as you can. 
    
            We must hear from you no later that sixty (60)  days after we   have sent you the FIRST statement on which the error or problem    appeared. If you do not report unauthorized transactions made after the    statement(s) are mailed or electronically transmitted to you, you risk    unlimited losses on transactions made after the sixty (60) day period   which  would not have been lost if we had been notified in time. You can   telephone us,  but doing so will not preserve your rights. 
    
            In your letter, give us the following  information:
            a. Tell us your name and account number.
            b. Describe the error or the transfer you are unsure about,   and explain as  clearly as you can why you believe it is an error or why   you need more  information.
            c. Tell us the dollar amount of the suspected error.
            d. If the suspected error relates to a bill payment made via   the Services Bill  Payment function, tell us the account number used to   pay the bill, payee name,  the date the payment was sent, payment   amount, ID number, and the payee account  number for the payment in   question. 
            For suspected deposit account errors, we will  investigate   your complaint and will correct any error promptly. If we take more    than ten (10) business days (twenty (20) business days for new accounts    (accounts open for thirty (30) days or less)) to do this, we will   credit your  account for the amount you think is in error so that you   will have the use of  the money during the time it takes us to complete   our investigation. 
    
            For suspected loan transaction errors, you do  not have to pay   any amount in question while we are investigating, but you are  still   obligated to pay the parts of your bill that are not in question. While    we investigate your question, we cannot report you as delinquent or   take any  action to collect the amount you question. 
    
    Disclosure of Account Information and Transfers: You  understand information about your accounts or the transfers you   make may  automatically be disclosed to others. For example, tax laws   require disclosure  to the government of the amount of interest you   earn, and some transactions,  such as large currency and foreign   transactions, must be reported to the  government. We may also provide   information about your accounts to persons or  companies we believe   would use the information for reasonable purposes, such as  when a   prospective creditor seeks to verify information you may have given in a    credit application or a merchant calls to verify a check you have   written. In addition,  we routinely inform credit bureaus when accounts   are closed because they were  not handled properly. We may also seek   information about you from others, such  as a credit bureau, in   connection with the opening or maintaining of your  account or in   connection with approving your access to the Services. You agree  and   hereby authorize all of these transfers of information. 
    
    Electronic Payments: Payments made    electronically over an automated clearinghouse system ("ACH") are    governed by the rules and performance standards of the network as   promulgated  by the National Automated Clearing House Association   (NACHA) as they may  currently exist and as they may be amended from   time to time. 
    
    Periodic Statements: You will be mailed   periodic  statements for your accounts(s) as regularly provided for in   the depositor or  credit agreement applicable to your accounts. Your   statement will reflect any  transfers or bill payments you authorize   using the Services. You will not  receive a separate Service statement. 
    
    Bill Payment and  Transfer Limits: You must    have enough available collected funds or credit in any account from   which you  instruct us to make a payment or transfer. If the date you   schedule a payment  to be made is not a Business Day, funds must be   available in your account the  following Business Day. Bill payments   will be debited from your account on the  date you schedule the payment   (or the next Business Day, if applicable). 
    
            Bill payments and transfers must be payable in  U.S. dollars   to a payee located in the United States. You can use the Bill  Payment   Service to pay anyone except Government Agencies. We reserve the right    to restrict types of payees to whom payment may be made using the   Service from  time to time. You should not use the Bill Pay Service to   make payments to  settle securities purchase, tax payments, or court   order payments. Payments for  these payees will be your sole   responsibility if delayed or improperly  processed or credited. 
    
            If any of your qualifying accounts are money  market or   savings accounts, certain types of withdrawals from those accounts,    including payments and transfers, are limited to a total of no more than   six  (6) in any specified period. You agreed to the "Terms and   Conditions of  Your Deposit Account" that you received when you opened   your deposit  account. Please refer to those terms and for more   information on applicable  transaction limits. You may request another   disclosure of these from the bank  at any time. 
            Payments can be entered, edited, or deleted at any time until   1:00 P.M. CST/CDT  on the day the payment is scheduled to be paid. 
    
    Bill Payment Deadlines: You must  schedule a   bill payment at least four (4) Business Days prior to the Scheduled    Payment Date you selected. Please note: the Scheduled Payment Date you   selected  may not be the Due Date on your bill. 
    
    Bill Payment "Stop Payments": NOTE: Any  item   that has not processed before the 1:00 PM Central Time deadline on the    payment date may be deleted to prevent payment. 
    
            Stop Payments on items already processed must  be requested   through the Bank. Stop Pays will depend on the payment method and    payment status. Stop Payment requests must be received by the Bank in   time for  the Bank to have a reasonable opportunity to act upon it. The   Bank may also  require a written request/signature within fourteen (14)   days. The stop payment  cost will be at the current rate set by the   Bank. 
    
    Bill Payment Risk Reduction Measures: We, or   our  agent, may, in our discretions, implement features to reduce credit   risks.  These may include, but are not limited to, pre-authorized   drafts for business  customers, verifying funds through an ATM network,   and separating debits from  credits so that payments are not sent until   good funds are received. 
    
    Bill Payments and Transfers - Your Responsibility: You are  responsible for all transfers and bill payments you authorize   using the  Services. If you permit other persons to use the Services or   your Access ID and  password, you are responsible for all transactions   they authorize from your  linked eligible accounts. You are liable for   all transactions that you make or  authorize, even if the person you   authorize exceeds your authority. If you have  given someone your Access   ID and password and want to terminate that person's  authority, you   must change your password to prevent further access by such  person.
    
            You are responsible for having sufficient  funds in your   account(s). You are liable for our standard fees associated with    overdrafts in your account or for insufficient funds (NSFs). If your   account  does not have sufficient funds to make a payment as of the   scheduled date, the  payment will be canceled and no further attempt   will be made by us or our agent  to complete the payment. You are   responsible for making alternative  arrangements for the payment or for   rescheduling the payment through the  Service. In the case of recurring   payments, only the current scheduled payment  will be cancelled.   Payments scheduled for future dates will not be affected. In  the event   you have sufficient funds to make some, but not all scheduled  payments,   we or our agent may, in our sole discretion, determine which payments    to complete.
    
            You agree that when any transfer, bill  payment, or other   transaction is generated by the Services, we may debit your  designated   account or the account on which the item is drawn without requiring    your signature on the item and without prior notice to you. 
    
    Bill Payment and Transfers - Our Responsibility for  Completing: If we, or a third party acting as our agent, do not  complete a payment   or transfer to or from your account on time or in the  correct amount   according to our agreement with you when you have properly  instructed   us to do so, we may be liable to you for your losses or damages  caused   as a result. However, there are some exceptions. We will NOT be liable,    for instance: 
- If, through no fault of ours, you do not have sufficient collected funds in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
- If any payment or transfer would go over the credit limit of any account.
- If your equipment or ours was not working properly and you knew about the breakdown when you attempted to conduct the transaction.
- If you have not given us complete, correct or current account numbers, other identifying information, or instructions so that we can properly credit your account or otherwise complete the transaction.
- If you fail to properly follow our instructions, including all on-screen instructions, or if you provide us with wrong or inaccurate information or fail to correct or tell us about an inaccuracy of which you are aware.
- If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it's due as described in the Payment Deadlines section.
- If a timely bill payment is made but the payee nevertheless does not credit your account promptly after receipt.
- If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim that restricts access to the funds.
- If your account is closed or frozen.
- If we or our agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed.
- If you, or anyone authorized by you, commits fraud or violates any law or regulation.
- If circumstances or persons beyond our or our agent's control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, computer failure, telecommunications breakdowns or interruptions, labor disputes, delays caused by payees, interruption of service by ATM or other payment networks, fires, floods, and other natural disasters.
Our liability to reimburse payee-imposed late    fees, provided the payment was scheduled and made in accordance with the   above  requirements, shall not exceed $50. We may attempt on your   behalf to have a  late fee reversed or waived. We have no liability for   late fees for payments  not initiated following the instructions defined   in this agreement or provided  in other instructional materials   regarding the Services.
            
            In no event shall we be liable for damages  that exceed your   actual loss due to our failure to complete a transfer, and we  shall not   be liable for any indirect, incidental, or consequential damages. 
    
    Severability: If any provision of this    agreement is held invalid, illegal, or unenforceable, the validity,   legality or  enforceability of the remaining provisions shall in no way   be affected or  impaired thereby. 
    
    Termination/Inactivity: We may  terminate   this agreement and any Services provided hereunder at any time you  have   enrolled for Services including; without notice if we reasonably   believe  you are violating any of the terms and conditions of this   agreement. Otherwise,  either you or we may terminate this agreement and   any Service provided  hereunder at any time by giving at least five (5)   business days prior written  notice of termination to the other party.   If you terminate a transfer or Bill  Pay Service, you authorize us to   continue making transfers, payments, and other  transactions you have   previously authorized until we have a reasonable  opportunity to act   upon your termination notice. Once we have acted on your  notice, we   have no responsibility to make any transfers, bill payments or other    transactions you may have previously authorized. 
    
            If you are not paying a monthly service charge  for the   Services, we may terminate your Service access if you do not sign on to    the Service nor have any transactions scheduled through the Service for   any  consecutive ninety (90) day period. If your Service is terminated   for  inactivity, you must contact us to have the Service activated   before you will  be able to schedule any transaction through the   Service. 
    
    Disclaimer of Warranty and Limitation of Liability: You agree  that our liability for viruses, worms, Trojan horses, or   other similar harmful  components that may enter your computer system by   downloading information,  software, or other materials from our site   shall be limited to replacing, or  the reasonable cost of replacing, the   lost information, software, or other  material.
    
            You agree that each party shall bear the  liability or the   risk of any error or loss of date, information, transactions  or other   losses that may be due to the failure of their respective computer    system or third party communications provider on which each party may   rely. 
    
            We shall have no liability to you for any  damage or other   loss, direct, indirect, incidental, or consequential, that you  may   incur from such viruses, worms, Trojan horses, or other similar harmful    components or by reason of your use of your computer system or your    communications provider. 
            We shall not be liable for any losses resulting from   circumstances over which  we have no direct control, including, but not   limited to, the failure of  electronic or mechanical equipment or   communications lines, telephone or other  interconnect problems,   operator errors, log-in sequences, severe weather,  earthquakes, floods,   and other such events. You acknowledge that there are  alternative   methods for accessing the information and conducting the  transactions   provided by the Services, such as in person transactions at a  Peoples   Bank of Middle Tennessee Office, by phone, or payment by check. In the    event you experience problems in accessing the Service, you will attempt   to  access such information and conduct such transactions by such   alternative  methods. 
    
            There may be other exceptions to our liability  as stated in   your Depositor Agreement or other agreements you have with us. 
    
            We make no warranty of any kind, express or  implied,   including any implied warranty of merchantability or fitness for a    particular purpose, in connection with the Services provided to you   under this  Agreement. We do not and cannot warrant that the Services   will operate without  errors, or that any or all Services will be   available and operational at all  times. Except as specifically provided   in this Agreement, or otherwise required  by law, you agree that our   officers, directors, employees, agents or  contractors are not liable   for any indirect, incidental, special or  consequential damages under or   by reason of any services or products provided  under this Agreement or   by reason of your use of or access to Services,  including loss of   profits, revenue, data or use by you or any third party,  whether in an   action in contract or tort or based on a warranty or any other  legal   theory. Further, in no event shall the liability of Bank and its    affiliates exceed the amounts paid by you for the Services provided to   you  under this Agreement. 
    
    Miscellaneous: We may amend this agreement by    giving notice to you at least thirty (30) days prior to the effective   date of  the amendment, unless law or applicable regulation otherwise   requires such amendment.  We may give notice by any one or more of the   following methods: By sending  notice by first-class mail or electronic   mail at the address shown on our  records, by placing a statement   message on the statement for any of your  account(s) or by posting a   notice on our Internet site. You will be deemed to have received   any  notice by electronic mail three (3) calendar days after it is   sent. Your  continued use of the Service is your agreement to the   amendment(s). 
    
            We may from time to time waive fees and/or other  terms or   provisions of this agreement, but any such waiver shall not be deemed  a   waiver of the term or provision in the future.
    
            This agreement is the entire agreement between  you and us   pertaining to the Services and supercedes any marketing or other    material delivered to you in writing, verbally, or obtained at our   Internet  site. 
    
            Your signature on the Peoples Bank of Middle Tennessee Personal   Online Banking Services Enrollment Form will validate you have  read   and agree to the above provisions and are enrolling for the Services    selected on the form.
