First Bank of Charleston

Disclosure

The following Agreements set forth the terms and agreements between First Bank Of Charleston of West Virginia and its customers for Internet Banking. As First Bank Of Charleston offers various different customer banking services via the Internet, a different agreement is required for each specific service. All customers are deemed to have read, understood, and agreed to each specific agreement upon requesting and obtaining the service. Each service is different and the existence of a term in one agreement does not constitute the existence of that term in any other agreement unless specifically stated.

"BALANCE AND TRANSACTION HISTORY INQUIRY SERVICE" AGREEMENT
This Agreement states the terms and conditions that apply when you utilize the Internet to access account balance, transaction history, or account transfer history information on your First Bank Of Charleston checking or savings accounts. The terms stated are in addition to any other agreement you may have with First Bank Of Charleston including all agreements for online and conventional banking services.

For the purpose of this Agreement, the words "we," "us," "our," or "First Bank Of Charleston" mean First Bank Of Charleston of West Virginia. The words "you" or "your" mean each person who is authorized to access First Bank Of Charleston account information via the Internet.

ACTIVATION AND DESCRIPTION OF SERVICE
The "Balance and Transaction History Inquiry Service" allows you to utilize our web page for the purpose of accessing account balance, transaction history, or account transfer history concerning your checking or savings account. We may provide "Inquiry Service" on other accounts in the future. In order to activate this service you must apply by filling out an online application or an application at any First Bank Of Charleston branch. Upon approval of your application you will receive a User Identification Number (User ID) and a Password. Separate instructions concerning how to use your User ID and Password will be provided to you and those instructions are part of this Agreement.

SECURITY AND RESPONSIBILITY OF USER ID AND PASSWORD
You are solely responsible for the security of your User ID and Password. Anyone who has your User ID and Password will be able to access your account information. Because we are unable to identify the person actually using your User ID and Password, we will not be held liable for any harm that may occur from the unauthorized access of your account information. If you become aware of any unauthorized use of your User ID and Password, you must notify us immediately. Upon notice from you we will take reasonable steps to protect your account information, including but not limited to voiding your existing User ID and Password and issuing you a new User ID and Password.

FEES
There is no fee for utilizing Online Banking and Cash Management. We reserve the right to charge fees for other services related to online banking.

AVAILABILITY AND ACCURACY OF ACCOUNT INFORMATION
The "Balance and Transaction History Inquiry Service" will allow you to access all information concerning your checking or savings account balances or transaction history since the last date of your account statement. This time period for availability applies only to the "Balance and Transaction History Inquiry Service."

The information you access concerning your accounts through our online services may not reflect transactions that have not been posted. Although our online services are generally available 24 hours a day, 7 days a week, we only process transactions and update information on business days, which are Monday through Friday excluding holidays.

JOINT ACCOUNTS
If your account is held jointly with other persons, each of you will have the same right to access the account through our "Balance and Transaction History Inquiry Service." Accordingly, each of you are jointly and severally liable under this Agreement. We will not be held liable to you for allowing anyone who is a holder of a joint account to access account information through the "Balance and Transaction History Inquiry Service" or for any disputes that may arise between the parties of a joint account concerning access through the "Balance and Transaction History Inquiry Service."

COMMUNICATION BETWEEN YOU AND FIRST BANK OF CHARLESTON "NOTICE"
Notices from you to us can be made by phone, or mail. Any notice made by you by phone must be followed by a written notice in order to be effective. Separate instructions for contacting us concerning your "Balance and Transaction History Inquiry Service" will be provided to you and those instructions are part of this Agreement. All notices provided to you will be effective when we make such notices to your last known address. Notice to one joint account holder will be effective to all holders of the account.

DURABILITY OF HARDWARE AND SOFTWARE
Due to probable advances in technology we may upgrade any or all of our "Internet Banking Services" at anytime. You understand and agree that if in the event we upgrade our "Internet Banking Services" with respect to its technological capabilities, in a manner that renders the computer hardware or the software you use to access our "Internet Banking Services" obsolete, we will not be responsible for maintaining or providing compatible Internet service to you.

VIRUSES
In order to protect your computer you should utilize any and all anti-virus capabilities available to you. Because you will access our "Internet Banking Service" through the Internet, we cannot reasonably detect viruses you may encounter. Accordingly, you agree that we will not be responsible for any electronic virus or other harmful component you may encounter using our "Internet Banking Service." We encourage you to routinely scan your computer hard drive and diskettes using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.

TERMINATION
This Agreement along with any service provided hereunder may be terminated by you or us at anytime with or without cause. You agree that you will adhere to the terms and conditions of this and related agreements. We agree that we will not terminate this Agreement and the service and any service provided hereunder on any discriminatory basis.

LIMITATION OF LIABILITY
You agree that First Bank Of Charleston,  nor any of our officers, directors, employees or agents, nor any of its subsidiaries or affiliates (collectively, "First Bank Of Charleston") nor any third party service providers engaged by First Bank Of Charleston to perform any of the services connected with First Bank Of Charleston "Internet Banking Services" will be responsible for any damages, loss, property damage or bodily injury, incurred as a result of your using or attempting to use the First Bank Of Charleston "Internet Banking Service," whether caused by the equipment, software, Internet browser providers, Internet access providers or on-line service providers or an agent or subcontractor of any of the foregoing. Nor will First Bank Of Charleston or any third party service providers engaged by First Bank Of Charleston be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way as a result of the use of First Bank Of Charleston Online Service or Internet browser or access software, or for any errors in information provided through that service, or arising out of the use, misuse or inability to use the Services, or for any loss of any data, even if we have been informed of the possibility of such damages. We make no warranty to you regarding your equipment or any software including any warranty of merchantability or fitness of any "Internet Banking Services" for any particular purpose.

ARBITRATION 
You agree that any dispute regarding this Agreement or any dispute arising from the use of First Bank Of Charleston Online Services will be resolved in Charleston, West Virginia, and in accordance with the then existing rules of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association (AAA) and Title 9 of the US Code as the exclusive remedy for such dispute and instead of any court or administrative action, which is expressly waived. The parties acknowledge that they have knowingly and voluntarily agreed to this arbitration provision and fully understand that it is comprehensive and covers any and all disputes between the parties including, but not limited to, any claims based on alleged violations of this Agreement, any covenant of good faith and fair dealing, express or implied, any violation of State or Federal law, any alleged violation of public policy, negligence or other cause of action whatsoever.

APPLICABLE LAW AND SEVERABILITY
You agree that this Agreement and all related agreements will be interpreted under West Virginia and Federal law exclusively regardless of where you live, work, or access your account.

NO SIGNATURE REQUIRED
You agree that no signature is required to make this Agreement enforceable. Because you are required to read, understand, assent to and inquire about any terms or conditions that are unclear to you prior to applying for any First Bank Of Charleston Internet "Online Banking Service," this Agreement will become fully effective and enforceable when you receive and then use your User ID and Password. You further agree to be bound by this Agreement when you access First Bank Of Charleston account information via the Internet.

"FUNDS TRANSFER SERVICE" AGREEMENT
This Agreement states the terms and conditions that apply when you utilize the Internet to transfer funds between your First Bank Of Charleston checking, savings accounts, or ACH origination to of from other financial institutions provided through Cash Management. The terms stated are in addition to any other agreement you may have with First Bank Of Charleston including all agreements for online and conventional banking services. 
For the purpose of this Agreement, the words "we," "us," "our," or "First Bank Of Charleston" mean First Bank Of Charleston of West Virginia. The words "you" or "your" mean each person who is authorized to access First Bank Of Charleston account information via the Internet.

ACTIVATION AND DESCRIPTION OF SERVICE
The "Funds Transfer Service" allows you to utilize our web page for the purpose of transferring funds between your checking ,savings accounts, or ACH origination to or from other financial instutuions  provided through Cash Management. We may provide "Funds Transfer Service" on other accounts in the future. In order to activate this service you must contact First Bank Of Charleston. Upon approval of your application you will receive a User Identification Number (User ID) and a Password. Separate instructions concerning how to use your User ID and Password will be provided to you and those instructions are part of this Agreement.

SECURITY AND RESPONSIBILITY OF USER ID AND PASSWORD
You are solely responsible for the security of your User ID and Password. Anyone who has your User ID and Password will be able to access your account and transfer funds between your accounts. Because we are unable to identify the person actually using your User ID and Password, we will not be held liable for any harm that may occur from the unauthorized access of your account or transfer of funds between your accounts. If you become aware of any unauthorized use of your User ID and Password, you must notify us immediately. Upon notice from you we will take reasonable steps to protect your account, including but not limited to voiding your existing User ID and Password and issuing you a new User ID and Password.

FEES
There is no fee for utilizing the "Funds Transfer Service." We reserve the right to charge fees for other services related to online banking.

AVAILABILITY AND ACCURACY OF ACCOUNT INFORMATION
The "Funds Transfer Service" will allow you to transfer funds between your checking and savings accounts, or ACH origination to or from other financial institutions provided through Cash Management.  There is no limit on the amount of funds you can transfer between accounts except for the then current availability of funds on any particular account.

The information you access concerning your accounts through our online services may not reflect transactions that have not been posted. Although our online services are generally available 24 hours a day, 7 days a week, we only process transactions and update information on business days which are Monday through Friday excluding holidays. Thus, any transfer you perform will not be effective until we process the transaction on the next business day.

JOINT ACCOUNTS
If your account is held jointly with other persons, each of you will have the same right to transfer funds. Accordingly, each of you are jointly and severally liable under this Agreement. We will not be held liable to you for allowing anyone who is a holder of a joint account to transfer funds, or for any disputes that may arise between the parties of a joint account concerning access through the "Funds Transfer Service."

COMMUNICATION BETWEEN YOU AND FIRST BANK OF CHARLESTON "NOTICE"
Notices from you to us can be made by phone, or mail. Any notice made by you by phone must be followed by a written notice in order to be effective. Separate instructions for contacting us concerning your "Funds Transfer Service" will be provided to you and those instructions are part of this Agreement. All notices required to be sent to you concerning any "Internet Banking Service," will be made  by  mail. All notices provided to you will be effective when we make such notices to your last known mailing address. Notice to one joint account holder will be effective to all holders of the account.

ARBITRATION
You agree that any dispute regarding this Agreement or any dispute arising from the use of First Bank Of Charleston Online Services will be resolved in Charleston, West Virginia, and in accordance with the then existing rules of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association (AAA) and Title 9 of the US Code as the exclusive remedy for such dispute and instead of any court or administrative action, which is expressly waived. The parties acknowledge that they have knowingly and voluntarily agreed to this arbitration provision and fully understand that it is comprehensive and covers any and all disputes between the parties including, but not limited to, any claims based on alleged violations of this Agreement, any covenant of good faith and fair dealing, express or implied, any violation of State or Federal law, any alleged violation of public policy, negligence or other cause of action whatsoever.

NO SIGNATURE REQUIRED
You agree that no signature is required to make this Agreement enforceable. Because you are required to read, understand, assent to and inquire about any terms or conditions that are unclear to you prior to applying for any First Bank Of Charleston Internet Banking Service, this Agreement will become fully effective and enforceable when you receive and then use your User ID and Password. You further agree to be bound by this Agreement when you access your First Bank Of Charleston account information via the Internet.

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