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Online Account Access Agreement

If you conduct banking transactions online, you definitely need to read this.

Outline

I. Introduction

II. Accessing Your Bank Accounts through Butte Community Bank Online
A. Requirements
B. Fees
C. Electronic Mail (email)
D. New Services
E. Benefits of Using Butte Community Bank Online

III. Terms and Conditions
A. Your Online Password
B. Payment Account
C. Our Liability
D. Hours of Accessibility
E. Additional Terms and Conditions

IV. Bill Pay
A. Using the Service
B. Bill Pay Fees

V. General Terms
A. Changes to Charges, Fees or Other Terms
B. Overdrafts: Order of Payments, Transfers, and Other Withdrawals
C. Disclosure of Account Information
D. Questions or Error Correction for Online Bank Transactions
E. Other General Terms

VI. Protecting Your Account
A. Preventing Misuse of Your Account
B. Unauthorized Transactions in Your Butte Community Bank Accounts

VII. Miscellaneous Fees and Charges

I. Introduction

This Online Access Agreement ("Access Agreement") for accessing your Butte Community Bank accounts through Butte Community Bank Online explains the terms and conditions governing the Online banking services and bill pay offered through Butte Community Bank Online. By using the Butte Community Bank Online Services, you agree to the terms and conditions of this Access Agreement. This Online Access Agreement will be governed by and interpreted in accordance with Federal law and regulation, and to the extent there is no applicable Federal law or regulation, by the laws of the State of California. The terms "we," "us," "our," and "Bank" refer to Butte Community Bank. "You" refers to each signer on an account. The term "business days" means Monday through Friday, excluding Saturday, Sunday and Federal holidays.

Butte Community Bank Online can be used to access Butte Community Bank accounts. Each of your accounts at Butte Community Bank is also governed by the applicable account disclosure statement ("Account Agreement").

II. Accessing Your Butte Community Bank Accounts through Butte Community Bank Online

A. Requirements

To access your accounts through Butte Community Bank Online, you must have a Butte Community Bank account and an Online User ID and Password.

B. Fees

There are no monthly or transaction fees for accessing your account(s) through Butte Community Bank Online. See Section VII for a description of miscellaneous fees and charges. Other fees, as described in the applicable Account Agreement, may apply to services ordered online. Please note that fees may be assessed by your online service provider.

C. Electronic Mail (E-mail)

Sending electronic mail (email) through Butte Community Bank Online is a way to communicate with the bank. Email is provided for you to ask questions about your account(s) and provide general feedback. Email is accessible after you sign on with your password to a session of Butte Community Bank Online.

Butte Community Bank cannot guarantee the confidentiality of information sent via email on the Internet. For this reason, we strongly urge you not to include any private information such as Social Security Numbers or account numbers in your email communications with us (or anyone else for that matter).

Butte Community Bank will not be responsible for any damages you sustain if you transmit private or sensitive information to us by email. Our email responses to any inquiries you may have will never contain any confidential information.

You cannot use email to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within Butte Community Banking Online or call (530) 899-7100.

D. New Services

Butte Community Bank may, from time to time, introduce new Online services. We will notify you of any new services. By using these services when they become available, you agree to be bound by the rules contained in this Online Access Agreement.

E. Benefits of Using Butte Community Bank Online

With Butte Community Bank Online, you can manage your eligible personal and business accounts from your home or office on your personal computer. You can use Butte Community Bank Online to:

  • View account balances and review transaction history.
  • Transfer money between accounts at Butte Community Bank. (As noted in the Account Agreement). The account vesting must be the same for each account.
  • Pay bills to any merchant, institution or individual.
  • Communicate directly with Butte Community Bank through email.

III. Terms and Conditions

The first time you access your Bank accounts through Butte Community Bank Online you agree to be bound by all the terms and conditions of this Agreement and you acknowledge receipt and understanding of this disclosure.

A. Your Online User ID and Password

You will be given an Online User ID and Password that will give you access to your Bank accounts for Butte Community Bank Online access. This password can be changed through Butte Community Bank Online. We recommend that you change your password regularly. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize this online password and do not write it down. You are responsible for keeping your password, account numbers and other account data confidential.

B. Payment Account

You may be asked to designate a payment account for selected services such as bill pay. You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize us to charge the account that you have designated as the payment account or any other account for the fees.

If you close the payment account, you must notify Butte Community Bank and identify a new payment account for the selected services. Additionally, if you close all Butte Community Bank accounts, you must notify us to cancel the Butte Community Bank Online services.

You agree to be responsible for any telephone charges incurred by accessing your Butte Community Bank accounts through Butte Community Bank Online.

C. Our Liability

Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Butte Community Bank, OR by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Internet Explorer browser), OR by Internet access providers OR by online service providers OR by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the Online Services, or Internet browser or access software.

D. Hours of Accessibility

You can access your Bank accounts through Butte Community Bank Online seven days a week, 24 hours a day. However, at certain times, some or all of Butte Community Bank Online may not be available due to system maintenance. During these times, you may use our 24-Hour Telephone Banking service (1-888-842-8883), a Butte Community Bank ATM, or a branch to conduct your transactions.

A transfer initiated through Butte Community Bank Online before 6:00 PM (Pacific Time) on a business day is posted to your account the same day. All transfers completed after 6:00 PM (Pacific Time) on a business day or on a Saturday, Sunday or banking holiday, will be posted on the next business day.

Our business days are Monday through Friday, except for banking holidays. "Banking Holidays" shall mean all Federal banking holidays.

E. Additional Terms and Conditions

Obtaining Account Balance and Transaction History - You can obtain balance and transaction history on all eligible accounts that are enrolled in Butte Community Bank Online. Account balance and transaction history reflects real time activity.

Transferring Funds - The number of transfers from a savings account is limited as described in the applicable Account Agreement. 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.

Stop Payments - You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. To be effective, your stop-payment order must precisely identify the number, date and amount of the item, and the payee. If the original stop-payment order was verbal your stop-payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period.

You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. A release of the stop-payment request may be made only by the person who initiated the stop-payment order.

Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item).

Canceling Online Services - Your online access may be canceled at any time without prior notice due to insufficient funds in one of your accounts. After cancellation, Butte Community Bank Online services may be reinstated, once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate your services, you must call Butte Community Bank Customer Service at (530) 899-7100.

If you wish to cancel any of the Butte Community Bank Online services offered through Butte Community Bank Online, please contact our Customer Service at (530) 899-7100 or send us cancellation instructions in writing to Butte Community Bank, Attn: Online Banking, 1390 Ridgewood Drive, Chico, CA 95973.

Inactive Online Services - If you do not access your Bank accounts through Butte Community Bank Online within 30 days of registration or for any 6 month period, Butte Community Bank reserves the right to disconnect your service without notice. Please note that your bill payment information will be lost if you are disconnected.

IV. Bill Pay Service

A. Using the Service

The Butte Community Bank Online Bill Pay Service allows you to schedule bill payments. You can schedule, at your option, for the payment of your current and future bills from the checking account you designated on your Setup form. There is no limit to the number of payments that may be authorized You may pay any merchant or individual through the use of Butte Community Bank Online. We are unable to process any payment of taxes or court-directed payments through Butte Community Bank Online Bill Pay services.

By furnishing us with the names of payees/merchants, you authorize us to follow the payment instructions to these payee/merchants that you provide us through Butte Community Bank Online. When we receive a payment instruction (for the current or a future date), we will remit funds to the payee on your behalf, from the funds in your selected checking account, on the day you have instructed them to be sent ("Payment Date"). However, we shall not be obligated to make any such payment unless your account has sufficient funds or credit availability to pay the bill on the Payment Date. Funds for electronic bill payments will be withdrawn from your account ON THE DAY the payment is scheduled TO BE SENT TO THE PAYEE. Funds for bill payments made by a check will be withdrawn from your account when the check is negotiated by the payee.

Your bill payment is sent on the Payment Date you selected and in some instances beyond our control (such as delayed mail delivery, slow responding companies or financial institutions), a bill payment may actually be received by the payee & presented after its actual due date.

For this reason, it is recommended that all bill payments be scheduled at least ten (10) business days before the actual due date, not the late date.

If you properly follow the procedures described herein, and Butte Community Bank Online fails to deliver a payment on the scheduled payment date, we will pay any late fees or finance charges as long as your account was in good standing with the merchant prior to this incident. In any other event, including, but not limited to, choosing a payment date less than ten (10) business days prior to the actual due date, the risk of incurring and the responsibility for paying any and all charges or penalties shall be borne by you.

Butte Community Bank Online will use its best efforts to process all your payments properly. However, Butte Community Bank Online shall incur no liability if it is unable to complete any payments initiated by you through Butte Community Bank Online Bill Pay services because of the existence of any one or more of the following circumstances:

  • Your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft protection account.
  • The Butte Community Bank Online processing center is not working properly and you know or have been advised by the service about the malfunction before you execute the transaction.
  • You have not provided Butte Community Bank Online with the correct names or account information for those persons or entities to whom you wish to direct payment.
  • Circumstances beyond the Butte Community Bank Online's control such as, but not limited to, fire, flood, or interference from an outside force that would prevent the proper execution of the transaction, Butte Community Bank Online has taken reasonable precautions to avoid those circumstances.

Butte Community Bank reserves the right to terminate your use of Butte Community Bank Online bill payment service in whole or part, at any time without prior notice.

If, for any reason, you should ever wish to cancel Butte Community Bank Online bill payment services, we strongly suggest that you cancel all future bill payments at the same time that you cancel your service, either by deleting those payments yourself using Butte Community Bank Online or calling Butte Community Bank's Customer Service at (530) 899-7100. This will ensure that future payments and transfers 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 service has been terminated. We will continue to maintain your accounts until you notify us otherwise.

B. Bill Pay Service Fees

Butte Community Bank Online Bill Pay service is free.

Additionally, you agree to pay any special charges in effect as announced by the Bank from time to time. These charges are in addition to the fees and service charges specified in your applicable checking, savings, overdraft protection account agreements (for example, uncollected or overdraft charges on your checking account).

If the payment account has insufficient funds to cover fees, the Bank will deduct the fee from any other account you have with the Bank (in any order we may choose). If the fee cannot be paid, we may cancel your bill pay service. After cancellation, your bill pay service may be reinstated by contacting Butte Community Bank Customer Service once sufficient funds are available in your payment account to cover the bill payment fees and any other pending transfers or debits.

V. General Terms

A. Changes to Charges, Fees or Other Terms

We reserve the right to change the charges, fees or other terms described in this Online Access Agreement. When changes are made to any fees, charges, or other material terms we will update this Online Access Agreement and either send a notice to you at the address shown on our records, or send you an electronic mail message (email). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations. The Account Agreement governs changes to fees applicable to specific accounts.

B. Overdrafts: Order of Payments, Transfers, Other Withdrawals

If your account has insufficient funds to perform all electronic funds transfers (ATM withdrawals, preauthorized transactions, Butte Community Bank Online transfers and bill payments, etc.) that you have requested for a given business day, then:

  • Certain electronic funds transfers involving currency disbursement, like ATM withdrawals, will have priority, and
  • The electronic funds transfers initiated through Butte Community Bank Online may result in an overdraft of your account and may, at Butte Community Bank's discretion, be canceled.

In addition, you will be charged the same overdraft charges that apply to your account.

C. Disclosure of Account Information

You understand that in addition to information furnished pursuant to legal process, some information about your accounts may automatically be disclosed to others.

  • To comply with government agency or court orders;
  • To verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
  • Where it is necessary for completing transfers;
  • To provide services relating to your account or to offer other products and services; or
  • If you give us permission.

D. Questions or Error Correction on Butte Community Bank Online and Bill Pay Services

In case of questions or errors about Butte Community Bank Online funds transfers through Butte Community Bank Online involving your account, please notify us in one of the following methods:

  • Contact Butte Community Bank by electronic mail (email)
  • Fax Butte Community Bank at (530) 896-8278
  • Telephone Butte Community Bank at (800) 899-7100
  • Write Butte Community Bank at 1390 Ridgewood Drive, Chico CA 95973, as soon as you can if you think your statement or transaction record is wrong, or if you need more information about a transaction listed on the statement or transaction record.

We must hear from you no later than sixty (60) days after we have sent the first paper statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.

  • Tell us your name and account number.
  • Describe the error or the transaction you are unsure about, and explain why you believe it is in error or why you need more information.
  • Tell us the dollar amount of the suspected error.
  • For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, reference number, and payee account number for the payment in question.

We will tell you the results of our investigation within 10 business days (5 business days for Visa Debit Card point-of-sale transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for VISA Debit Card point-of-sale transactions and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. An account is considered a new account for 30 days after the first deposit is made, unless you already have an established account with us before this account opened.

If we do not complete a transfer to or from your Butte Community Bank account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions we will not be liable, for instance:

  • If, through no fault of ours, you do not have enough money in your account to make a transfer.
  • If you have an overdraft line and the transfer would go over the credit limit
  • If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  • A legal order directs us to prohibit withdrawals from the account.
  • If your account is closed or if it has been frozen.
  • If you, or anyone you allow, commits any fraud or violates any law or regulation.
  • If you have not provided us with complete and correct payment information, including without limitation the name, address, account number, and payment amount for the payee on a bill payment.
  • If you have not properly followed the instructions for using Butte Community Bank Online.
  • If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the transfer, despite reasonable precautions taken by us.

E. Other General Terms

Other Agreements - In addition to this Agreement you agree to be bound by and will comply with the requirements of the applicable Account Agreement, the Bank's rules and regulations, the rules and regulations of any funds transfer system to which the Bank belongs, and applicable State and Federal laws and regulations. We agree to be bound by them also.

Bank's Right to Terminate this Agreement - The Bank reserves the right to terminate this Agreement and your access to Butte Community Bank Online, in whole or in part, at any time without prior notice.

VI. Protecting Your Account

A. Preventing Misuse of Your Account

Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call Butte Community Bank Customer Service at (530) 899-7100.

Protecting Personal Information - In addition to protecting your account information, you should take precautions to protect your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with information on your account may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account information.

Taking Care of Your Online Password - The password that is used to gain access to Butte Community Bank Online should be kept confidential. For your protection we recommend that you change your online password regularly. It is recommended that you memorize this online password and do not write it down. You are responsible for keeping your password, account numbers and other account data confidential. If you believe that your online password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, notify Butte Community Bank Customer Service at once at (530) 899-7100.

B. Unauthorized Transactions in Your Butte Community Bank Accounts

Notify us immediately if you believe another person has improperly obtained your Online password. Also notify us if someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. Only reveal your account number to a legitimate entity for a purpose you authorize (such as your insurance company for automatic payments). To notify us, call Butte Community Bank Customer Service at (530) 899-7100, or write to Butte Community Bank, 1390 Ridgewood Drive, Chico CA 95973.

If your Online password has been compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Online password without your permission to access a Butte Community Bank deposit account. If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.

Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us immediately. If you do not notify us within sixty (60) days after the paper statement was mailed to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, the time periods in this section will be extended.

VII. Miscellaneous Fees and Charges

Bill Pay

  • Free, unlimited access.
  • Bill Pay NSF Fee (additional charges may apply): $25.00 each

Stop Payment Fees

  • Stop Payment: $5.00 each
  • Stop Payment (non-sufficient funds): $25.00 each
  • In addition, your account is subject to the fees and charges stated in the Account Agreement and Bank Service Fees.

Revised: 2008-02-26