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ECB Online Internet Agreement and Disclosure Agreement -- This Agreement, which includes the Enrollment Form, is a contract, which establishes the rules that cover your electronic access to your accounts at The East Carolina Bank ("ECB") through ECB Online. By using ECB Online, you accept all the terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures for each of your ECB accounts as well as your other agreements with ECB 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 North Carolina (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 ECB's 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. This Agreement, together with the Enrollment Form with fee disclosures, constitutes the entire agreement between you and ECB with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein. Definitions - As used in this Agreement, the words "we," "our," "us" and "ECB" mean The East Carolina Bank. "You" and "your" refer to the accountholder authorized by ECB to use ECB Online under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through ECB Online. "Account" or "accounts" means your accounts at ECB. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point-of-sale transactions, transfers to and from your ECB accounts using ECB Online including bill payments. "ECB Online Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday. Holidays are not included. Access - To use ECB Online, you must have at least one checking account at ECB, access to Internet service, and an e-mail address. Once we have received your signed Enrollment Form, and verified your account information, we will send you, either by e-mail or by postal mail, confirmation of our acceptance of your enrollment, along with your login ID and temporary password. ECB Online can be used to access only the ECB accounts that you have designated for access by ECB Online in your Enrollment Form. You can add or delete any of your ECB accounts from this Agreement by completing a new Enrollment Form. Access to your accounts through ECB Online will be based upon the identification of users and authority levels specified by you in your Enrollment Form, provided that we shall have no responsibility or obligation whatsoever to monitor transactions through ECB Online to determine that they are made on behalf of the accountholder ECB Online Personal Services - You can use ECB Online to check the balance of your ECB accounts, view ECB account histories, transfer funds between your ECB accounts, order checks, make stop payment requests, change your address, and pay bills from your ECB accounts in the amounts and on the dates you request if you have requested the Bill Payment Service on your Enrollment Form. Balance and posted transaction activity information is as of close of business of the previous business day ECB Online Business Services - Besides being able to use all the Personal Services of ECB Online above, you can also transfer funds between financial institutions, pay your employees by direct deposit of their pay, accept ACH payments, pay your federal tax payments, order currency and utilize a security feature to provide dual control for your business transactions. Balance and posted transaction activity information is as of close of business of the previous business day. Hours of Access - You can use ECB Online seven days a week, twenty-four hours a day, although some or all services may not be available occasionally due to problems arising in connection with transmissions over the internet, emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the ECB Online website Your Password - For security purposes, you are required to change your password upon your initial login to ECB Online. You determine what password you will use. The identity of your password is not communicated to us. You agree that we are authorized to act on any and all instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to ECB Online will be revoked for (24) twenty-four hours before you try again, or you may call the bank to have your password reset. We recommend that you create a password consisting of 5-10 characters that may utilize both upper and lower case alpha and numeric characters for purposes of security. 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. Security - You understand the importance of your role in preventing misuse of your accounts through ECB Online and you agree to promptly examine your statement for each of your ECB accounts as soon as you receive it. You agree that it is your sole responsibility to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via ECB Online is encrypted in an effort to provide transmission security, and ECB Online utilizes identification technology to verify that the sender and receiver of ECB Online transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the ECB Online system is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing ECB Online, or e-mail transmitted to and from us, will not be monitored or read by others. You acknowledge that the Internet lacks inherent security for commercial transactions. The East Carolina Bank cannot and does not guarantee that downloads from this site will not contain a virus or other destructive device. Additionally, you provide, request and receive information via the Internet with the knowledge that such information can be intercepted and/or viewed by unknown third parties Fees and Charges - You agree to pay the fees and charges for your use of ECB Online Services as set forth in the current fee schedule as it may be amended from time to time on 30 days notice to you. You agree that all such fees and charges will be deducted from the ECB checking account designated as the "Primary Checking Account" on your Enrollment Form. If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of ECB Online. Posting of Transfers - ECB will make reasonable effort to see that transfers initiated through ECB Online before 2:00 p.m. (Eastern Standard Time) on a business day are posted to your account the same day. Transfers completed after 2:00 p.m. (Eastern Standard Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. ECB Online identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in both the Transfer and Bill Payer menu options of ECB Online will not reflect transfers made by multiple users from the same account if different login IDs are used. Overdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then: 1. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority; 2. Electronic fund transfers initiated through ECB Online, which would result in an overdraft of your account, may, at our discretion, be cancelled; 3. In the event the electronic fund transfers initiated through ECB Online which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account. Limits on Amounts and Frequency of ECB Online Transactions - The number of transfers from ECB accounts and the amounts, which may be transferred, are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires. ECB Online Bill Payment Service - You must designate the ECB account from which the payments are to be made; the complete name of the payee, the account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day; your account will be debited the next business day before 2:00 p.m. (Eastern Standard Time). By using the ECB Online Bill Payment Service option, you agree that based upon instructions received under your password, we can charge your designated account by electronic transfer, "no signature required draft," or by debiting and remitting funds on your behalf. You also agree that your first ECB Online bill payment will be charged to your Primary Checking Account. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly. Online bill payment is provided to you for your convenience. The actual payment of such bills is handled by an independent third party, Princeton Telecom. The East Carolina Bank cannot and will not guarantee, or have any responsibility whatsoever for the completion and accuracy of such transactions. Scheduling ECB Online Payments - If the payee is to be paid by paper check (as indicated on the Bill Payer list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until 5 to 8 business days after the date the payment is debited from your account. If the payee is to be paid electronically (as indicated on the Bill Payer list), you understand and agree that the payee may not receive the payment until 3-7 days after the date the payment is debited from your account. You understand and agree that we have no responsibility whatsoever for the timely delivery of mail or problems arising in connection with transmissions over the Internet, or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account. How to Cancel a Bill Payment - To cancel a bill payment that you have previously scheduled through ECB Online, you must cancel the payment online via ECB Online by following the onscreen instructions, or by calling the bank, before 2:00 p.m. (Eastern Standard Time) on the date the payment is scheduled to be debited from your account. Stop Payment Requests - Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you cannot cancel or stop a bill payment, which has been paid electronically. You may be able to stop an ECB Online bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen. You may initiate stop-payment requests online via ECB Online only for paper checks you have written (non-electronically) on your ECB accounts (not ECB Online bill payer paper drafts). Online stop-payment requests are processed no later than 2:00 p.m., Eastern Standard Time on the business day the stop payment has been requested online. Stop payments received after 2:00 p.m. (Eastern Standard Time) will be processed the next business day. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check. If you make your stop-payment request online or by telephone, we will require you to put your request in written paper form and get it to us within 14 days after you call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. Stop-payment charges for ECB Online bill payment paper drafts will be assessed in addition to the stop-payment charges for the applicable account. Disclosure of Account Information and Transfers To Third Parties - We will not disclose information to third parties about your account or the transfers you make unless it is necessary in completing transfers, or in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, in order to comply government agencies or court orders, or if you give us permission. Also, refer to our Privacy Statement for further classification. Periodic Statements - You will not receive a separate ECB Online statement. Transfers to and from your accounts using ECB Online will appear on the respective periodic statements for your ECB accounts. Change in Terms - We may change any term of this Agreement at any time. If the change would result in increased fees for any ECB Online service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the ECB Online website or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject ECB Online services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures. Disclaimer of Warranty and Limitation of Liability - 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 ECB Online Services provided to you under this Agreement. We do not and cannot warrant that ECB Online will operate without errors, or that any or all ECB Online services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that ECB, our officers, directors, employees, agents or affiliates 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 ECB Online, 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. Further, in no event shall the liability of ECB and its affiliates exceed the amounts paid by you for the services provided to you through ECB Online. Your Right to Terminate - You may cancel your ECB Online Service at any time by providing us with written notice by postal mail or fax. Your access to ECB Online will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation. Our Right to Terminate - You agree that we can terminate or limit your access to ECB Online Services for any of the following reasons :1. Without prior notice if you have insufficient funds in any one
of your ECB accounts. ECB Online service may be reinstated,
in our sole discretion, once sufficient funds are available to cover
any fees, pending transfers, and debits. Communications between ECB and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: E-mail -You can contact us by e-mail at ecbonline@ecbbancorp.com (Please note that banking transactions through ECB Online are not made via e-mail.) Telephone - You can contact us by telephone at (252) 925-9111, ext. 2261 Fax - You can contact us by Fax at (252) 925-3131. Postal Mail - You can write to us at: The East Carolina Bank Attn: ECB Online 35080 US Hwy 264, Engelhard, NC 27824, (252) 925-9111, ext. 2261 In Person - You may visit us in person at any one of our locations. Consent to Electronic Delivery of Notices - You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the ECB Online website or by e-mail. You agree to notify us immediately of any change in your e-mail.
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