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First Trust and Savings Bank


This Business Online Banking Agreement (the "Agreement") is entered into between Bank and the business customer of Bank who hereby subscribes to Bank’s Business Online Banking. Customer is referred to in this Agreement as "you" or "your". Bank is referred to in this Agreement as "Bank", "we", "us", and/or "our".

Other Accounts, Loan Agreements and Business Online Banking
This Agreement governs online access to your designated accounts with Bank (each an “Account”). The terms and conditions set forth herein are in addition to, and do not cancel or supersede, any other agreements or signature cards governing your deposits, loans or other business relationships with us. All of the terms, conditions, agreements, representations, schedules, disclosures, and fees set forth in or associated with such other agreements and signature cards remain in full force and effect. You acknowledge that the individuals you authorize to have access to and make transfers or payments from your Account(s) through Business Online Banking (“Users”) may not be the same persons who are authorized to sign on the Account under your other agreements and signature cards with us (each an “Authorized Signer”), or you may give Users greater authority to conduct activities through Business Online Banking than they have under your other agreements and signature cards with us. Your signature card with us will govern who is an Authorized Signer for this Agreement, and such Authorized Signer will have the authority to designate additional Users of Business Online Banking and their respective authorities.

We may change the terms of this Agreement at any time. We will notify you of the changes as required by law. Your use of Business Online Banking, including any new or additional service, after the effective date of the change will constitute your acceptance of and agreement to the change.

Either of us may terminate this Agreement at any time upon giving written notice of termination to the other party. For reasonable cause, including inactivity or excessive, inappropriate or unlawful usage, we reserve the right to terminate this Agreement and your access to Business Online Banking, in whole or in part, at any time without prior notice to you. Upon termination, we reserve the right to make no further transfers or payments from your Account(s) pursuant to this Agreement, including payments or transfers you have previously authorized. If you terminate your Business Online Banking subscription, you authorize us to continue making transfers you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice. You agree that upon termination of your Business Online Banking, either by you or by us, you will cancel all automatic or recurring transfers you have previously authorized, and that if you fail to do so, you are responsible for such payments.

Business Days and Hours of Operation
Our business lobby hours are 9 a.m. to 3 p.m. (CST), Monday through Thursday, 9 a.m. to 6 p.m. Friday. Our business drive-through hours are 8:30 a.m. to 4 p.m. (CST), Monday through Thursday, 8:30 a.m. to 6 p.m. Friday, (and 8:30 a.m. to 12 p.m. Saturday at our Wheatland and Lost Nation offices only).

Business Online Banking is generally available twenty-four hours a day, seven days a week. However, at certain times, some or all of Business Online Banking may not be available due to scheduled or unscheduled system maintenance. During these times, you may use Bank (if open), a Bank ATM, or telephone us to conduct your transactions. Our Business Days are Monday through Friday; Saturday, Sunday, and federal holidays are not included.

Disclaimer of Warranty

Overdrafts; Order of Payments
It is your responsibility to ensure that you have enough money or credit available in an Account from which you instruct us to make transfer or payment. If funds are withdrawn from any of your accounts by means of electronic fund transfers, other than through Business Online Banking on the same Business Day as the Business Online Banking transaction, and if the Account contains insufficient funds to enable both the electronic fund transfer and the transfer through the Business Online Banking, our policy is to pay the electronic transactions in the order they are received.  You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree to reimburse us upon our demand, and you further agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permitted by the applicable law and the terms of any other relevant agreements.

No Signature Required
When using Business Online Banking, you agree that we, without prior notice to you, may execute transfers between Accounts or payments against loans as instructed by your User using Business Online Banking, without securing a signature by hand or by legally acceptable form of electronic signature.

User ID and Security
Upon request to gain access to Business Online Banking, your Authorized Signer will be assigned a User ID and temporary Password. Multi-factor authentication questions/answers will also be part of the login process. Use of your login credentials is the agreed Security Procedure between us. You acknowledge and agree that the Security Procedure constitutes a commercially reasonable method for protecting your transactions. For additional applications, such as ACH or Wire Transfer, multi-factor authentication utilizing a registered token will be required.

Users must keep login credentials confidential in order to prevent unauthorized use of Business Online Banking. Anyone to whom your User gives or discloses login credentials, either deliberately or inadvertently, will have access to your Accounts. You are responsible for all transactions against your Account(s) made using Business Online Banking, including any transactions that may be unintentionally or inadvertently authorized or made, and any losses, charges, or penalties incurred as a result. In addition, except as otherwise provided in this Agreement, you are responsible for transactions by unauthorized persons using your User’s login credentials.

Users will be required to change the temporary Password upon the first entry into the system and change the Password every 90 days thereafter. We will clear User IDs and/or assign a new Password upon User request at any time. Any Password we assign will be temporary, and your User will be required to change it the first time he or she uses it to enter the system.

We reserve the right to deactivate any User ID that has been "inactive" for a period of three months or more. If your User ID has been deactivated, you will be required to go through the registration process again to restore access to Business Online Banking. You will not receive advance notice of User ID deactivation.

Reporting Unauthorized Transaction or Theft or Loss of User IDs
You will immediately notify us by phone if the confidentiality or integrity of any Security Procedure is breached or threatened, followed by a written confirmation of security breach. We will have no liability to you for any unauthorized transaction made using a security device that occurs before you have notified us of the possible unauthorized use and we have had a reasonable opportunity to act on that notice. In the event of a breach, you agree to cooperate with us in connection with our incident response investigation in a timely manner and to provide any information we request within two Business Days of the request. You will permit our authorized representatives access to your Computer systems in connection with such investigation. You will indemnify and hold us harmless from and against any third party claim arising in connection with a data security breach, except to the extent the breach is caused by our gross negligence or the gross negligence of our service provider.

If you believe an unauthorized transaction has been or may be made from your Account, call the Bank immediately at 563-374-1247, email us at or write us at 123 South Main Street Wheatland, Iowa 52777.

Protection of Accounts
You acknowledge you have important responsibilities for protecting your Accounts and the Services you use, and for combatting fraud and the unauthorized use of your Accounts. You represent and warrant that you have in place and will maintain and enforce effective policies and procedures to monitor and control the secure use of your Accounts and Business Online Banking including:

You are aware that we offer a variety of online viewing and reporting tools which enable real time access to Account data and activity. Careful monitoring of Accounts and Account data is an effective tool for detecting unauthorized or improper transactions and other account problems, and for facilitating reporting of potential problems.

Account Inquiry/Account Summary/Statements
Levels of access to Business Online Banking information may vary according to the permissions allowed each User. This information may include: the Account balances, the status and description of any or all items, debits, credits or charges related to the Account, the Account history and all other information about activity associated with the Account.

Stop Payment Orders
The “Stop Payment Order” feature allows your User to use Business Online Banking to request that we stop payment of any item payable for an Account to which that User has access.

You will incur a fee of $20.00 plus Iowa Sales Tax for each Stop Payment request transmitted through Business Online Banking.

Internal Transfers
The “Internal Transfers” feature allows Users to use Business Online Banking to request transfers between those deposit Accounts to which the User has access, provided that the User has access to both Accounts. Your ability to transfer funds between certain accounts is limited by federal law, as stated in your deposit agreements with us. For example, you can make no more than six (6) transfers from money market or savings accounts during each statement period. Transfers made using both Business Online Banking and other transfer methods described in your Bank deposit agreements are counted against the permissible number of transfers. We reserve the right to further limit the frequency and dollar amount of transactions from your Accounts for security or credit reasons, as we may determine at any time at our sole discretion.

Loan Payments
The “Loan Payments” function enables your User to request that we deduct funds from a deposit Account and apply those funds as a payment to reduce the principal and/or interest amount outstanding under a loan account.

Restrictions on Use
You will not use Business Online Banking for any illegal, fraudulent, unauthorized or improper manner or purpose and will only use it in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you will not use Business Online Banking to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data that is illegal, or material or data, as we determine (in our sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm our or our Licensor’s reputation; (iv) viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (v) any material or information that is false, misleading, or inaccurate; (vi) any material that would expose us or any of our affiliates or our Licensor, or any other third party, to liability; or (vii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of the Licensor and its affiliates, or any other third party.

You will not attempt to: (a) access Business Online Banking for a use that has not been authorized; (b) use or attempt to use a third party’s account; (c) interfere in any manner with the provision of Business Online Banking, the security of Business Online Banking, or other customers of Business Online Banking; or (d) otherwise abuse Business Online Banking.

Hardware and Software Malfunctions
The risk of error, failure, incompatibility or nonperformance of your Computer system is your risk and includes the risk that you do not operate your Computer or your software correctly. We are not responsible for any errors or failures from any malfunction of your Computer or software. We will have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your Computer or software. WE MAKE NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR SOFTWARE INCLUDING ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. We make no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with the Business Online Banking (e.g. Microsoft Money).

We are not responsible for nor will we have any liability for any loss or damage, direct or consequential, from electronic viruses, worms, trojans, keystroke loggers, spyware or any other “malware” that you may encounter on your Computer using your Internet access provider or on any Computer system with which you choose to access Business Online Banking. WE STRONGLY ENCOURAGE YOU TO INSTALL, PROPERLY USE, AND KEEP UP-TO-DATE ANTI-VIRUS, ANTI-SPAM, ANTI-SPYWARE AND FIREWALL SOFTWARE AND/OR HARDWARE PRODUCTS FROM RELIABLE REPUTABLE PROVIDERS TO PROTECT YOUR ONLINE SECURITY.

We will each comply with all laws, rules and regulations in connection with Business Online Banking. This includes, but is not limited to, as applicable, Article 4 and 4A of the Uniform Commercial Code, Check 21 and Regulation CC promulgated thereunder, the Bank Secrecy Act, the U.S.A. Patriot Act and the requirements for customer identification required thereby, and sanctions enforced by The Office of Foreign Assets Control (“OFAC”). You will be responsible for and will fully indemnify us for any and all fines and assessments imposed on us as a result of any infraction or violation of laws, rules or regulations caused by or attributable to you.

Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCLUDING LOST PROFITS WHETHER OR NOT BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. We do not and cannot control the flow of data to or from our network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. Actions or inactions of such third parties can impair or disrupt your connections to the Internet (or portions thereof). We cannot guarantee that such events will not occur. Accordingly, we disclaim any and all liability resulting from or related to such events and in no event will we be liable for any damages that are attributable to the public Internet infrastructure, your ability to connect to the Internet, or our ability to connect to the Internet on your behalf.

Under no circumstances will we be responsible for any liability, loss or damages resulting from any delay in performance of or failure to perform in connection with Business Online Banking that is caused by interruption of telephone, facsimile or communication facilities, delay in transportation, equipment breakdown or mechanical malfunction, electrical, power or Computer failure, accidents, fire, flood, explosion, theft, natural disaster or other catastrophe, acts or failure to act by you or any third-party strikes or lockouts, emergency conditions, riots, war, events of terrorism, acts of government or other circumstances which are unavoidable or beyond our control. We will not be liable for failure to perform any of our obligations in connection with Business Online Banking if such performance would result in it being in breach of a law, regulation or requirement of any governmental authority.

Confidentiality and Access to the Services
We have implemented and will maintain information security measures designed to meet the requirements as adopted by the bank regulatory agencies who oversee our operations. These security measures include appropriate disposal of consumer information as required, and taking appropriate actions to address incidents of unauthorized access to your sensitive information. We will exercise due care and good faith in seeking to preserve the confidentiality of your User ID and to prevent access to Business Online Banking in general and your Accounts in particular by unauthorized persons. It is understood and agreed that our implementation of our normal procedures for maintaining the confidentiality of information relating to our customers and preventing unauthorized transactions will constitute fulfillment of our obligation to exercise due care and good faith. We will not be under any liability or have any responsibility of any kind for a loss incurred or damage suffered by you by reason or in consequence of an unauthorized person gaining access to or otherwise making use of your Accounts through the Business Online Banking if (i) we have fulfilled our obligation of due care and good faith, or (ii) the loss or damage could have been avoided had you promptly notified us when you received knowledge or notice of an unauthorized transaction or other breach of security, or (iii) the unauthorized transaction was a transfer of funds to an account owned by you or by any person or entity which controls, is controlled by, or is under common control with you. You assume full responsibility for the consequences of any misuse or unauthorized use of or access to Business Online Banking or disclosure of any of your confidential information or instructions by your employees, agents or other third parties. If we become aware of any unauthorized access to your Accounts, we will advise you as promptly as practical thereafter.

Privacy and User Information
In connection with your use of Business Online Banking, we, our affiliates and the Licensor may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Business Online Banking. We reserve the right to use and disclose the User information as reasonably necessary to deliver Business Online Banking and as otherwise permitted by law, including, without limitation, compliance with court orders or instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. We, our affiliates and the Licensor also reserve the right to monitor the use of the Business Online Banking for purposes of verifying compliance with applicable law, this Agreement and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

During the term of this Agreement, Bank, and any third party representatives designated by us, including bank regulatory agencies, independent auditors and forensics experts, will have the right, upon reasonable prior notice to you (except in the event of fraud, unauthorized access to Accounts or any other circumstance where delay could result in loss to you, in which case this right will be immediate), to audit your books, records, systems, computers and procedures to the extent necessary to verify your compliance with the terms of this Agreement, including compliance with applicable law, which may include, in our sole discretion, the right to enter onto your premises for such purpose.

Governing Law
This Agreement will be construed in accordance with and governed by the laws of the State of the main office of Bank. In the event we bring legal action to enforce the Agreement or collect overdrawn funds on Accounts accessed under the Agreement, we will be entitled, subject to applicable law, to payment by you of our reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the State of the main office of Bank, if allowed by applicable law.

Notices and Communications
Except as otherwise provided in this Agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records. Notices from you will be effective when received by mail at the address specified above.

Email Communications
In general, unless you have an encrypted secure email application, we strongly suggest that you do not send any confidential personal or Account information via traditional Internet email.  We will not respond by email to Account information related questions sent via traditional Internet email. You agree that we may take a reasonable time to act on any email request that you send, normally within two Business Days. Correspondence that requires expeditious handling (e.g. reporting an unauthorized transaction from one of your Accounts) should be made by calling Bank at 563-374-1247 or visiting a bank office in person.

Assignment, Waivers
You may not transfer or assign your rights or duties under this Agreement. No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of First Trust and Savings Bank.

Please indicate your agreement to abide by the terms and conditions set forth in this Business Online Banking Agreement and Disclosure. You agree to accept this Agreement in the electronic form presented. If you desire a copy and are unable to print a paper copy of this Agreement, you may request a paper copy by calling 563-374-1247. You also agree that we may provide you with all legal and other disclosures, notices, and other communications with respect to Business Online Banking, and amendments to this Agreement, in electronic form. We may notify you of any future notices by sending an alert to the email address you provide during enrollment and/or by posting them on the Business Online Banking home page.

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