Franklin Templeton Bank & Trust, F.S.B.

A. Online Banking Service Agreement

This Online Banking Agreement (this "Agreement") contains the terms that govern your use of the Franklin Templeton Bank & Trust, F.S.B. online services. In this Agreement we will use the word "Service" to refer to all services provided through www.ftbank.com.

You may use a Service to access your Eligible Accounts (defined in Section B of this Agreement) through the Internet. You may also use a Service to access a number of Online Financial Services (defined in section F of this Agreement) through the Internet.

By using a Service to access an Eligible Account or Online Financial Service you are agreeing to the terms of this Agreement.

• Definitions

  In this Agreement, the words:

  1. "we," "us," "our," "FTB&T," and "Franklin Templeton Bank & Trust, F.S.B." are used to refer to Franklin Templeton Bank & Trust, F.S.B. and any of their affiliates or direct or indirect subsidiaries, when they or the affiliates or subsidiaries hold an Eligible Account or provide an Online Financial Service;
  2. "you" or "your" is used to refer to the owner of an Eligible Account or an authorized representative;
  3. "consumer" is used to refer to a natural person who owns an Eligible Account with respect to which an Online Financial Service is requested primarily for personal, family or household purposes;
  4. "business" is used to refer to anyone other than a consumer who owns an Eligible Account with respect to which an Online Financial Service is requested;
  5. "authorized representative" is used to refer to a person with authority of any kind with respect to an Eligible Account or an Online Financial Transaction.
  6. "Bill Pay" is the online service that enables the scheduling of bill payments using a personal computer;
  7. "Biller" is a vendor or merchant that may receive payment from a consumer.
  8. "E-Bill" is an electronic representation of an invoice provided by a Biller to a consumer.
  9. "ISP" refers to your Internet Service Provider;
  10. "Online Banking" is the internet-based service providing access to your Bank account(s) which may hereafter be referred to as "Service";
  11. "Online Account" means the Bank account from which you will be conducting transactions using a Service;
  12. "Password" is the customer-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service;
  13. "PC" means your personal computer which enables you, with the Internet browser and ISP, to access your Online Account;
  14. "Time of day" references are to Mountain Standard Time;
  15. "User ID" is the Bank-generated identification code assigned to you for your connection to the Service;

B. Eligible Accounts

Each FTB&T product you have with us that you enroll in a Service is called an "Eligible Account". Examples of products that you may elect to enroll as Eligible Accounts include deposit accounts, loans, and credit cards.

Your Eligible Accounts will continue to be subject to the agreements otherwise governing them, except where it is noted in this Agreement. Additionally, each Eligible Account will be subject to the following:

1. the terms or instructions appearing on a screen when using a Service;
2. FTB&T's rules, procedures and policies applicable to each Eligible Account and each Online Financial Service;
3. the rules and regulations of any funds transfer system used in connection with an Online Financial Service; and
4. applicable state and federal laws and regulations.

C. Access to Eligible Accounts

You may access an Eligible Account at the FTB&T website at http://www.ftbank.com (called the "Website") to obtain balances, transaction history and other information. To access an Eligible Account you must have a User Id and Password and the required hardware and software. Required hardware and software is defined as any computer system with a minimum display resolution support of 800x600 pixels and the ability to run Netscape browser (version 4.x and higher) or Internet Explorer (version 4.x and higher). Subject to the terms of this Agreement, you will generally be able to access your Eligible Accounts through the Website seven days a week, 24 hours a day.

At certain times, a Service may not be available due to system maintenance or circumstances beyond our control. During these times, you may call FTB&T OnLine Customer Services (refer to Section G) or use our FTB&T automated teller machine ("ATM") to obtain information about your Eligible Accounts.

D. Access to Services

The Bank will provide instructions on how to use the Online Banking and Bill Pay Services. You will gain access to your Online Accounts through the use of your Internet-enabled device, your ISP, your Password and your User ID. You may access your Online Accounts 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software.

For purposes of transactions, the Bank's business days are [Monday through Friday], excluding holidays and weekends. All Online Banking transaction requests received after 2:00 p.m. on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day. The Bank's business day begins at 9:00 a.m.

E. Electronic Mail (E-mail)

1. Secure E-mail

One way of communicating with us is by sending an E-mail. The Service provides E-mail forms for you to ask questions about your account(s) or give comments on the Service. These E-mail forms are accessible after you sign on with your password to a secure session of the Service. To ensure the security of your Eligible Account information, we recommend that you use only these E-mail forms when asking specific questions about your Eligible Account(s). You cannot use E-mail to initiate transactions on your Eligible Accounts. For transactions, please use the appropriate functions within the Service or call 877/664-4286.

2. Non-Secure E-mail

E-mail transmissions outside of the Online Banking site are not secure. We advise you not to send us or ask for sensitive information such as account numbers, Password, account information, etc. via any general or public e-mail system. If you wish to contact us electronically, please use the Guest Book provided in our Online Banking site. Use the secure E-mail form to e-mail the Bank regarding inquiries about an electronic funds transfer error resolution, reporting unauthorized transactions, or contacting the Bank regarding other concerns of a confidential nature.

3. Processing E-mail

If you send the Bank an E-mail message, the Bank will be deemed to have received it on the following business day. You should not rely on E-mail if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.

F. Online Financial Services

You may use the Service to obtain such products and services as are then available through the Service as then disclosed at the Website. With respect to your Eligible Accounts, this includes obtaining balance information, transaction history and other information. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous business day.

FTB&T may, from time to time, introduce new Online Financial Services. When this happens we will update our Website to include them. By using an Online Financial Service, you agree to be bound by the terms contained in this Agreement at that time.

1. Banking Transactions with Online Banking
   1. Account Access.

      You may access up to five (5) Bank personal accounts online. One of these accounts must be a primary checking account. Once you have selected your primary account you may select up to four (4) additional accounts including other checking, savings, certificates of deposit or loan accounts.

   2. Transfer of Funds.

      In addition to viewing account information, you may use Online Banking to conduct the transfer of funds. You may make one-time transfers or schedule future or recurring transfers such as transfers to make loan payments. You may transfer funds among your checking accounts, savings accounts and money market accounts.

      NOTE: Because regulations require the Bank to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:

   1. Statement and Market Rate Savings account. You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking.
   2. Market Rate Checking and the Indexed Money Fund account. You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking and no more than three (3) of these may be by check, draft or debit card. Please note: If there are not sufficient funds in the account, we cannot complete this transfer. However, future recurring transfers will not be impacted.
   3. Additional Services.

      New services may be introduced for Online Banking from time to time. The Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

2. Statements

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.

3. Bill Pay Service
1. Description of Service.

   The Bill Pay Service ("BPS") permits you to use your Internet-enabled device to direct payments from your designated online Bill Pay Account to third parties you wish to pay. Bill Pay also includes the ability to receive and pay E-bills directly from third parties from whom you have requested this service.

   Your Bill Pay Account must be a primary checking account. Through the Bill Pay Service, you can pay bills from your Bill Pay Account to businesses or individuals. All payments you make will be deducted from the checking account that you designate as your Bill Pay Account for the Bill Pay Service. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Bill Pay Service from time to time. You should not use the Bill Pay Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.

   Bill Pay Service is offered through our third party affiliate, Check Free Services Corporation.

2. Stop Preauthorized Payments

   You have the ability to stop payments whether the payments are one time occurrences or regularly scheduled.

   1. If you have told us in advance, outside of the online bank and Bill Pay service, to make regular payments from your account, you can stop any of these payments by calling us at 877/664-4286 or write to us at FTB&T, P.O. Box 17406, Salt Lake City, Utah 84117-0406, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. The fee for this service is outlined in your Account Agreement and Schedule of Fees document. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
   2. If you use the online bank Bill Pay Service to schedule payments, you can make changes or cancel your scheduled payment if the status of your scheduled payment is "Scheduled". Click the "View/Change" or "Cancel" button to edit or cancel your scheduled payment. There is no charge to cancel or edit a payment with a "Scheduled" status.
   3. If the scheduled payment status is "In Process" or "Processed", the ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service 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 shows a status of "In Process" or "Processed", you must contact Check Free Customer Service at 877/370-1783. Although the Service will make every effort to accommodate your request, we will have no liability for failing to do so. There is a fee for this service. See the Fee Schedule in section F.3.c.
   4. If you use E-bills to automatically deduct payment from your account, the payee will tell you, 10 days or so before each payment, when it will be made and how much it will be. You may choose instead to get the notice when the payment would fall outside certain limits that you set.

3. Fee Schedule.

   1. BPS Fee:

      High Return Checking Account. There is no monthly service fee or per transaction fee for Bill Pay Services if the Account you designate as your Bill Payment Account is a High Return Checking account.

      Direct Deposit Checking Account. All newly enrolled customers receive the first 3 monthly statement periods of Bill Pay free of charge. Thereafter, Bill Pay costs $5.95 per month for an unlimited number of bill payments.

   2. Stop Payment Fee:

      $25.00 per incident

   3. Non-Sufficient Funds Fee:

      $25.00 per incident

   4. Research Fee:

      $25.00 per incident

4. Complete Bill Payment Terms.

   Bill Payment Service is optional. Upon Bill Payment registration, you will be asked to review and accept the complete terms and conditions of the Bill Pay agreement.

4. Funds Transfer to External Financial Institutions
   1. Description of Service.

      With our fully interactive on-line Funds Transfer Service ("FTS"), you may transfer funds from your FTB&T account to or from any other account held by you or another person at another financial institution referred to in this agreement as "Accounts" assuming, of course, that the transfer is permitted by us and by law. The Funds Transfer Service also allows you to transfer funds from your FTB&T account to another person via email.

      Funds Transfer is offered through our third party affiliate, CashEdge.

   2. Fee Schedule.
      1. Transfer to an external financial institution. For each transfer of funds involving an external financial institution, whether outgoing or incoming, FTB&T will charge a $3.00 per transaction fee for standard service (3 business days in most cases). There is a $15,000 transfer amount limit on standard service.

         FTB&T will charge an $8.00 per transaction fee for premium service (next business day). There is a $2,000 transfer amount limit for premium service.

         Additional fees and/or daily and monthly transfer of funds limits may apply. See fee schedule displayed on FTS for complete details.

      2. Transfer to a person via email. For each request to transfer funds to an individual via email, FTB&T will charge $1.50. This process may take 5 days or more to complete depending on the actions of the funds recipient. Each transfer is limited to a maximum amount of $500.

         Additional fees and/or daily and monthly transfer of funds limits may apply. See fee schedule displayed on FTS for complete details.

      3. Returned Transaction Fee:

         $5.00 per incident.

      4. Refunded Transaction Fee:

         $5.00 per incident.

   3. Stop a Funds Transfer Request.

      Once a Funds Transfer request, to or from an external institution or to a person via email, is submitted it cannot be stopped. Funds Transfer is a real time request. You cannot schedule a Funds Transfer to occur on a specified date.

   4. Complete Funds Transfer Terms.

      Funds Transfer to External Financial Institutions or an individual is optional. Upon Funds Transfer registration, you will be asked to review and accept the complete terms and conditions of the Funds Transfer Service Agreement.

5. Account Aggregation
   1. Description of Services

      Our unique Financial Dashboard(sm) enables you to bring together, in one convenient location, as many of your accounts and financial relationships as you wish. Your personal Financial Dashboard(sm) shows you up-to-the-minute balances for all your accounts. Account Aggregation is offered through our third party affiliate, CashEdge.

   2. Term of Service.

      You understand and agree that, in order to provide the Service, it is necessary for CashEdge to access third party Web sites and data bases containing information regarding your accounts and financial relationships as designated by you ("Third Party Accounts"), on your behalf, to retrieve information as requested or authorized by you. By using the Service, you agree to authorize CashEdge (a third party affiliate of FTB&T) to access such Third Party Accounts to retrieve such information as requested or authorized by you, or for any other purpose authorized by this Agreement. You warrant and represent that the information you are providing us with is true, correct and complete. You represent and warrant to us that you have the right to authorize and permit us access to your Third Party Accounts, you assure us that by disclosing the information to us and by authorizing us to use such information to access your Third Party Accounts, you are not violating any third party rights. You hereby authorize and permit CashEdge to use information submitted by you to CashEdge (such as account passwords and user names) to accomplish these purposes and to configure the Service to be compatible with the Third Party Accounts.

      For as long as you are using the Service, you give to CashEdge a limited power of attorney and appoint CashEdge as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Third Party Accounts, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with account aggregation, as fully to all intents and purposes as you might or could do in person. Once CashEdge has actual knowledge that you wish to cease using account aggregation as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by CashEdge in good faith before it has actual knowledge of termination by you shall b e deemed to be authorized by you. To notify CashEdge that you wish to discontinue using account aggregation, you may send us an e-mail as provided in this Agreement.

      You understand and agree that at all times your relationship with each Third Party Account provider is independent of CashEdge and your use of account aggregation. CashEdge will not be responsible for any acts or omissions by the financial institution or other provider of any Third Party Account, including without limitation any modification, interruption or discontinuance of any Third Party Account by such provider.

      You acknowledge and agree that when CashEdge is accessing and retrieving information from the third party accounts, CashEdge is acting as your agent, and not as the agent of or on behalf of the third party. You agree that CashEdge, its affiliates and partners shall be entitled to rely upon the foregoing authorization, agency and power of attorney granted by you.

      You agree that CashEdge shall not be liable for any costs, fees, losses or damages of any kind incurred as a result of (1) CashEdge’s access to the third party accounts; (2) CashEdge's retrieval of or inability to retrieve information from the third party accounts; (3) any inaccuracy, incompleteness or misinformation contained in content retrieved from the third party accounts and (4) any charges imposed by the provider of any third party account.

      As a condition of using account aggregation, you warrant to CashEdge that you will not use account aggregation for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use account aggregation in any manner that could damage, disable, overburden, or impair account aggregation or interfere with any other party's use and enjoyment of account aggregation. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through account aggregation. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

      You understand and agree that CashEdge’s service is provided "as-is." CashEdge assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You understand and expressly agree that use of the service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the service is at your own discretion and risk and that you will be solely responsible for any damages, including without limitation damage to your computer system or loss of data that results from the download of such material and/or data.

      Except as expressly set forth CashEdge disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement and it makes no warranty or representation regarding the results that may be obtained from the use of the service, the accuracy or reliability of any information obtained through the service, the accuracy of any information retrieved by CashEdge from the third party accounts or that the service will meet any user’s requirements, be uninterrupted, timely, secure or error free.

      CashEdge will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the service, any inaccuracy of any information retrieved by CashEdge from the third party accounts, any breach of security caused by a third party, any transactions entered into based on the services, any loss of, unauthorized access to or alteration of a user's transmissions or data or for the cost of procurement of substitute goods and service, including but not limited to damages for loss of profits, use, data or other intangibles, even if CashEdge had been advised of the possibility of such damages.

      You understand and agree that CashEdge is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all information and the Third Party Accounts linked to your Financial Dashboard(sm); and that you may rightfully authorize CashEdge to access the Third Party Accounts. You understand that CashEdge is not responsible or liable if FTB&T or any other provider of Third Party Accounts system "goes down" or if they have any system failures and we are unable to retrieve information on your behalf.

G. Electronic Funds Transfer

1. APPLICABILITY.

   The provisions in this section apply only to electronic fund transfers that debit or credit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT). FTB&T may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E. All terms not otherwise defined in this Agreement which are defined in Regulation E will have the same meaning when used in this section.

2. AVAILABILITY.

   A funds transfer may be requested through the Service 24 hours a day. A transfer completed through the Service before the transfer cutoff time on a business day will be posted to your Eligible Account the same day. All transfers completed after the transfer cutoff time on a business day or on a day that is not a business day, will be posted on the next business day. The transfer cutoff time is 8:00PM (Eastern Time). Every day is a business day except Saturdays, Sundays and federal holidays.

3. YOUR LIABILITY.

   Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:

   1. If you notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $50 or the amount of unauthorized EFTs that occur before notice to us.
   2. If you fail to notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $500 or the sum of:
      1. $50 or the amount of unauthorized EFTs that occur within the two business days, whichever is less; and
      2. the amount of unauthorized EFTs that occur after the close of two business days and before notice to us, provided we establish that these EFTs would not have occurred had you notified us within that two-day period.

   3. You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60-day period. You may, as applicable, also be liable for the amounts described in the immediately preceding sections i) or ii) above.
   4. If your delay in notifying us was due to extenuating circumstances, we will extend the times specified in the immediately preceding paragraphs i), ii) or c. above to a reasonable period.
   5. You may notify us in person, by telephone, by E-mail during a secure session using the appropriate form, or in writing.

4. TELEPHONE NUMBER AND ADDRESSES.

   The telephone number and address of the person or office to be notified when you believe that an unauthorized EFT has been or may be made are:

   1. 1-877-664-4286, Monday – Friday / 7:30 AM – 6:00 PM (Mountain Time)
   2. FTB&T
      PO Box 17406
      Salt Lake City, UT 84117-0406

   3. You can send an E-mail to the FTB&T Online Customer Service area by sending an email to ftbanksupport@frk.com.
   4. You may also use the secure messaging feature with the Service in the "My Teller" functional option.

   When using any of these methods to contact FTB&T Online Customer Service, you must provide the following information:

   Your name and account number (also your Electronic Banking Card number, if applicable);

   A description of 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.

   The date, type and dollar amount of the suspected error.

5. TIMEFRAMES FOR RESOLVING EFT CUSTOMER ERROR NOTIFICATION

   If you notify FTB&T orally, FTB&T may require that you send your complaint or question in writing within ten (10) Business Days. FTB&T will investigate and determine whether an error occurred within ten (10) business days of receiving the Notification.

   The results of the investigation will be reported to you within three (3) business days after completing the investigation. If an error has occurred, the error will be corrected within one (1) business day after making the determination. You may ask for copies of the documents that FTB&T used in its investigation.

6. EXTENSION OF TIME PERIODS

   If FTB&T is unable to complete its investigation within 10 Business Days, the Bank may take up to 45 calendar days to investigate your complaint or question. If FTB&T decides to do this, FTB&T will provisionally re-credit your account within 10 Business Days for the alleged amount (including interest where applicable), so that you have use of the money during the time it takes FTB&T to complete its investigation. If the notice of error was given orally and at that time FTB&T requested that you to put your complaint or question in writing and the written confirmation is not received within 10 business days, FTB&T need not provisionally re-credit your account.

   New Accounts: For investigating an error on a new account (defined as an account less than 30 days since the first deposit), FTB&T has up to 20 business days to resolve and investigate an error claim without giving provisional credit. FTB&T may also take up to 90 calendar days (instead of 45) to complete its investigation.

7. Security

   When enrolling, you will establish a User Id and Password. Your identity will be authenticated prior to enabling your accounts for online access. For security purposes, it is recommended that you memorize the Password and do not write it down. You are responsible for keeping your Password and Eligible Account information confidential. If you believe that your Password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account, notify FTB&T Online Customer Service at 877/664-4286 between the hours of 7:30 AM and 6:00 PM (Mountain Time), email to ftbanksupport@frk.com or write to FTB&T Bank, P.O. Box 17406, Salt Lake City, UT 84117-0406.

8. Use of Your Security Password

   You are responsible for keeping your Password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:

   1. Do not give out your account information, Password, or User ID;
   2. Do not leave your PC unattended while you are in the Bank's Online Banking Site;
   3. Never leave your account information within range of others; and
   4. Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system.
   5. If you believe your Password has been lost or stolen, or if you suspect any fraudulent activity on your account, call the Bank immediately at 877/664-4286. Telephoning the Bank is the best way of minimizing your losses and liability. (See Section G.4)
   6. If you believe your Password has been lost or stolen, please use the Password change feature within the Online Banking section of the Web site to change your Password.

9. Linked Accounts

   All accounts with the Bank that you enroll in a service will be linked by the tax identification numbers of the persons authorized to access the account. The linked accounts will appear together without regard to the ownership of the accounts. For example, if an authorized user of a linked account accesses the Service, that authorized user will be able to view and access at a single time the following accounts:

   1. the accounts of the business for which that person is an authorized user;
   2. the accounts of any other business for which that person is an authorized user; and
   3. any consumer accounts for which the person is a co-owner or authorized signer.

10. Business Accounts

    If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:

    1. enter into this Agreement, as amended from time to time;
    2. access each account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and
    3. use any Online banking service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.

    H. LIABILITY

    1. Our Liability.

       This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.

       We will not be liable to you in the following instances:

       1. If through no fault of the Bank, you do not have enough money in your account to make the transfer.
       2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
       3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
       4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer.
       5. If your transfer authorization terminates by operation of law.
       6. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately.
       7. If you have not properly followed the instructions on how to make a transfer included in this Agreement.
       8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
       9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.

       IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

    2. Indemnification.

       You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment account.

    3. Third Parties.

       We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.

    4. Virus Protection.

       The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

    I. General Provisions

    1. TERM AND TERMINATION.

       Unless otherwise required by applicable law, FTB&T may terminate this Agreement and/or your access to any Online Financial Service through the Service, in whole or in part, at any time.

       Access to the Online Financial Services through the Service, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control. You may request reinstatement of an Online Financial Service by calling FTB&T Online Customer Service at 1-877-664-4286.

       If you decide to terminate the Service, we strongly suggest that you cancel all future bill payments at the same time that you cancel your Bill Pay Service by deleting those payments yourself using BPS. This will ensure that future payments made by you will not be duplicated. We will automatically delete all outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your Bill Pay Service has been terminated. Termination of the Bill Pay Service will not automatically close your Eligible Accounts. If you do not access your Eligible Accounts via the Service for any three (3) month period, we may terminate your Service.

       1. Term.

          This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.

       2. Termination for Cause.

          We may immediately terminate your electronic banking privileges (including the Bill Payment Service) without notice to you under the following circumstances:

          1. you do not pay any fee required by this Agreement when due or
          2. you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing.

             We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.

       3. Termination for Convenience.

          To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. Your final charge for the Bill Payment service will be assessed at the end of your statement cycle. You may notify the Bank by one of the following methods:

          1. By sending an e-mail to ftbanksupport@frk.com.
          2. By calling 877/664-4286
          3. By writing a letter and either sending it to the following address: Attention: P.O. Box 17406, Salt Lake City, Utah 84117-0406 or giving it to a Customer Service Representative at any of the Bank's locations.

          If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90 day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

    2. CHANGES.

       Except as otherwise required by law, rule, or regulation, we may change the terms of this Agreement from time to time and at any time. When changes are made we will update this Agreement at the Website. The Website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time. If such a change is made, and it can't be disclosed without jeopardizing the security of the system, this Agreement will be updated within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing to use the Service. Changes to fees or terms applicable to Eligible Accounts are governed by the agreement otherwise governing the applicable account.

    3. ASSIGNMENT.

       We may assign our interest in this Agreement to FTB&T or to any now-existing or future direct or indirect subsidiary of FTB&T. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

    4. NOTICES.

       UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN THE EVENT THAT WE ARE REQUIRED TO PROVIDE A NOTICE OR OTHER COMMUNICATION TO YOU IN WRITING, THAT NOTICE OR OTHER COMMUNICATION MAY BE SENT TO YOU ELECTRONICALLY TO YOUR INTERNET ADDRESS AS REFLECTED IN OUR THEN CURRENT RECORDS. BY YOUR USE OF THIS SERVICE, YOU AGREE TO RECEIVE ALL RECORDS IDENTIFIED HEREIN ELECTRONICALLY YOU SHOULD PRINT A PAPER COPY OF THIS AGREEMENT AND ANY ELECTRONIC COMMUNICATION THAT IS IMPORTANT TO YOU AND RETAIN A COPY FOR YOUR RECORDS. IF YOU NEED TO OBTAIN A PAPER COPY OF AN ELECTRONIC RECORD, PLEASE CONTACT CUSTOMER SERVICE AT THE NUMBER PROVIDED IN SECTION G. THERE WILL BE A CHARGE OF $15.00 FOR THIS RECORD. ANY WITHDRAWAL OF THIS CONSENT MAY RESULT IN TERMINATION OF YOUR ON-LINE SERVICE.

    5. DISCLOSURE OF INFORMATION.

       We may disclose information to third parties about your account or the transfers you make:

       1. Where it is necessary for completing transfers, or
       2. In order to verify the existence and condition of your account for a third party, or
       3. In order to view the accounts hosted by a third party, or
       4. In order to comply with government agency or court orders, or
       5. If you give us your permission.

    6. Governing Law.

       This Agreement is governed by the laws of the State of Utah and applicable federal law.