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Eagle Bank Online Banking Agreement/Disclosure

Disclosures

This Eagle Bank Personal/Small Business Online Banking (On-Line Banking) Agreement and Disclosure ("the Agreement") states the terms and conditions governing basic internet banking services (the "Services" or "On-Line Banking Services") offered by Eagle Bank or any third party service providers. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us or our third party providers. By using any of the On-Line Banking Services, you agree to abide by the terms and conditions of this Agreement. The terms "we", "us" and "our" and "Bank" refer to Eagle Bank. "You" refers to each person who enrolls for On-Line Banking Services and has a PASSWORD (Personal Identification Number), and each person who accesses our internet banking services using your Password. The term "business days" means Monday through Friday, excluding Saturday, Sunday and Bank Holidays (Transfers made after 2:00 p.m. may be processed on the next business day). Your On-Line Banking Services and each of your accounts are also governed by the applicable Disclosure, Rates and Fee Schedules provided by the Bank in your New Account packet or in the supplemental agreements you accept with respect to specific on-line banking services, or as each may be modified from time to time. In the event of conflict between this disclosure and the Eagle Bank Deposit Agreement in effect at the time, the Deposit Agreement will govern.

You are responsible for paying any fees associated with On-Line Banking as outlined in the "Fees and Services" brochure or in the supplemental agreements for specific on-line banking services, as well as any telephone charges or fees incurred by accessing On-Line Banking Services.

Your initial use of On-Line Banking Services constitutes your acceptance and agreement to be bound by all the terms and conditions of this Agreement and acknowledges your receipt and understanding of this Agreement.

The Bank is entitled to act on instructions received through On-Line Banking under your Password and without inquiring into the identity of the person using your Password. You are liable for all transactions made or authorized using your Password. The Bank has no responsibility for establishing the identity of any person using your Password. If you give your Password to anyone, you do so at your own risk since anyone to whom you give your On-Line Banking Password or other means of access will have full access to your accounts even if you attempt to limit that person's authority. You must notify the Bank that your Password has been lost, stolen, or otherwise compromised and should not be honored and must be disabled. Call us immediately at (512) 746-2531 during normal banking hours. After hours you may send email, or write us at Eagle Bank, P.O. Box 345 , Jarrell , TX 76537 .  Do not include your Password in any correspondence.

Quickly telephoning us is the best way of reducing your possible losses. If an account is jointly owned, one holder of the joint account can enroll for On-Line Banking Services with one Password issued. You may not designate any account that requires more than one signature for withdrawals. You are liable for all transactions that any of you make or authorize, even if the person you authorize exceeds your authorization.

We will not be liable for the following:

1. If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.

2. If any payment or transfer would go over the credit limit of your account.

3. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.

4. If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.

5. If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.

6. If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim which restricts the transaction.

7. If the transaction(s) you are requesting violate a law, rule, regulation or agreement to which the Bank is subject.

8. If circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.

You recognize that transmission of information and data via the internet is inherently insecure, and unauthorized persons may through "hacking" or otherwise access information allowing them to gather information about you or access your account(s). While the Bank will take reasonable precautions to implement and maintain security measures restricting access by unauthorized persons, the Bank cannot guarantee internet security. Further, you recognize that many of the On-Line Banking Services offered or to be offered by the Bank are in fact provided by third party service providers. While the Bank will take reasonable precautions to select qualified service providers, and seeks to obtain appropriate assurances of security and confidentiality from these service providers, the Bank cannot and does not guarantee the performance, suitability or security of these third party service providers. You agree that the Bank shall not be liable or responsible for any unauthorized access to data or information relating to you or your account(s) or any breach of the duties and obligations of such third party service providers unless such access or breach results solely from the Bank's gross negligence or willful misconduct.

You hereby release the Bank from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account(s) and/or you have given your Password to such a person, or, in the case of a jointly held account, such person is one of the owners of the account. You agree to indemnify the Bank and hold it harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.

The Bank has the right to modify or terminate this agreement at any time. Specifically, the Bank reserves the right to terminate this agreement for nonuse in accordance with its procedures, or in the event the Bank elects, in its sole and absolute discretion, to terminate its On-Line Banking Services. We will comply with any notice requirements applicable under law for such changes or termination.

If we terminate this Agreement, no further On-Line Banking transfers or bill payments, if applicable, will be made, including but not limited to any payments or transfers scheduled in advance or any pre-authorized recurring payment or transfers. If we modify this Agreement, your continued use of On-Line Banking Services will constitute your acceptance of such changes in each instance. Persons will only be able to access accounts for which they are designated as "owner."

EXCLUSION OF WARRANTIES

THE BANK HAS NOT MADE, AND DOES NOT BY THIS AGREEMENT MAKE, ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. IN NO EVENT SHALL THE BANK OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR CLAIMS OF THIRD PARTIES, WHETHER OR NOT THE POSSIBILITY OF SUCH LOSSES OR DAMAGES WAS KNOWN OR SHOULD HAVE BEEN KNOWN BY THE BANK. THE BANK, AND ITS DIRECTORS, EMPLOYEES AND AGENTS ARE NOT AND SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING THE THIRD PARTY SERVICE PROVIDERS PROVIDING OR WHO WILL PROVIDE THE ON-LINE BANKING SERVICES CONTEMPLATED HEREBY.

SYSTEM SERVICES

You can use System Services to check the balance of your Bank accounts, view Bank account histories, transfer funds between your Bank accounts, order checks, direct us to stop payment on a System payment or on a check or other item you have drawn or authorized outside the System, change your address and, if you have enrolled in the Bill Payment Service, pay bills from your Bank Accounts in the amounts and on the dates you direct through the Bill Payment System. Balance and activity information are real time, and may include recent deposits that have not finally cleared the banking system and, therefore, may still be subject to reversal in the event of their dishonor.

Password and Security

You agree not to give or make available your On-Line Banking password or other means to access your account to any unauthorized individuals. If you permit other persons to use the On-Line Banking Services or your On-Line Banking password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your On-Line Banking password or other means to access your account has been lost or stolen or that someone may attempt to use the On-Line Banking Services without your consent or has transferred money without your permission, you must notify Eagle Bank at once by calling 512-746-2531 during normal customer service hours.

For security purposes, you are required to change your password upon your initial login to the System. You determine what password you will use and the identity of your password is not communicated to us. Your password should not be associated with any commonly known personal identification such as your social security number, address, birth date, child's name, etc. On the other hand, it should be something that you can memorize, because your access to Eagle Bank Online Banking will be revoked upon three unsuccessful attempts to log-on, and you will then have to contact us to regain access to the system. Nevertheless, it is important that you not write your password down, as it could be used by anyone who finds the password. You authorize us to act on instructions received through the System under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly.

You understand the importance of your role in preventing misuse of your accounts through the System and you agree to promptly examine your paper statement for each of your Bank accounts as soon as you receive it. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts through the System. You must take appropriate steps to protect and keep confidential the use of your access ID and password. You agree to be responsible for all transactions made through the System and those transactions received by the Bank which are identified by a proper access ID and password, whether or not such transactions were properly made by you. Access ID and password are to verify authenticity and not to detect an error in the transmission or content of the request. You accept all risks from accidental disclosure or inadvertent use of your access ID and password by any party whatsoever, whether such disclosure or use are on account of your negligence or are deliberate acts.

If a transaction transmitted or authorized by you is received by the Bank, it will be deemed effective as your transaction and you will be obligated to pay the Bank the amount of such transaction even though the transaction may not have been authorized by you.

The Bank may elect, in its discretion, not to act on a request or transaction if it is unable to obtain reasonable verification as to the source of the transmission satisfactory to the Bank.

Data transferred via the System is encrypted in an effort to provide transmission security and the System utilizes identification technology to verify that the sender and receiver of all System transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the 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 the System, or e-mail transmitted to and from us, will not be monitored or read by others.

OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER

If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. 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 a legal order directs us to prohibit withdrawals from the account.
• If your account is closed, or if it has been frozen.
• If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
• If any electronic terminal, telecommunication device, or any part of the System is not working properly and you knew about the problem when you started the transfer.
• If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee assigned account number, payment date, and payment amount for the payee on a bill payment.
• If you have not properly followed the on-screen instructions for using the System.
• If circumstance beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
• There may be other exceptions stated in our Agreement with you.

 Your Liability for Unauthorized Transfers

If you tell us within two (2) business days after you discover your On-Line Banking Password or other means to access your account has been misappropriated, lost or stolen, you can lose no more than $50.00 if someone uses your On-Line Banking Password or other means to access your account without your permission. If you do not tell us within two (2) business days after you learn of such misappropriation, loss or theft, and we can prove that we could have prevented the unauthorized use of your On-Line Banking password or other means to access your account if you had told us, you could lose as much as $500.00. If your monthly statement contains transfers that you did not make, tell us at once. You agree to examine your statement with reasonable promptness. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you. You further agree that if you fail to report any unauthorized signatures, alterations, forgeries, or any other errors in your account within 60 days of when we first send or make a statement available, you cannot assert a claim against us on any item in that statement. Refer to the Eagle Bank Account Deposit Agreement Terms and Conditions.

Errors and Questions

In case of errors or questions about your transactions, you should as soon as possible:

1. Telephone us at 512-746-2531 during normal customer service hours; or,
2. e-mail bdunnahoo@eagle-bank.com or
3. Write us at: Eagle Bank PO Box 345 , Jarrell , TX 76537

If you think that your statement is wrong or you need more information about a transaction listed on the statement, we must hear from you no later than sixty (60) days of when we sent or made available the statement on which the problem or error appeared. You must:

1. Tell us your name and account number;

2. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and

3. Tell us the dollar amount of the suspected error and the date the error occured.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) business days after your verbal notification. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate the complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) business days for the amount you think is in error, so that you may have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account. If we decide there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents which we used in our investigation. The Bank may revoke any provisional credit provided to you, if we find that an error did not occur, and you will reimburse us for any provisional credit you have withdrawn upon demand.

Disclosure of Account Information to Third Parties

It is our policy to not disclose information about you to anyone, except as permitted by law. The law would permit disclosure of information to third party service providers providing or facilitating one or more of the On-Line Banking Services who contractually agree to provide appropriate confidentiality safeguards. See our Notice of Financial Privacy Rights.

Charges

Any applicable fees will be as published and listed in the Eagle Bank Schedule of Fees and Charges or on any other supplemental schedules of fees and charges established or maintained by the Bank, as such fees and charges may be amended from time to time by the Bank. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Bank to charge your designated account for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet Service fees that may be accessed by your telephone and/or internet service provider.

Alterations and Amendments

This Agreement, applicable fees and service charges may be altered or amended by the Bank from time to time. In such event, the Bank shall send notice to you at your address as it appears on our records, or the Bank may notify you by publication on its website which will be available to you when you access your On-Line Banking Services. Any use of the On-Line Banking Services after we send you the notice of or publish the change will constitute your agreement to such change(s). Further, the Bank may, from time to time, revise or update the programs, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Bank reserves the right to terminate the Agreement as to all such prior versions of the programs, services, and/or related material and limit access to our more recent versions and updates.

Address or Banking Changes

You agree to promptly notify in writing the Customer Service Department of any address change. Additionally, you agree to notify the Customer Service Department in writing at least ten (10) business days in advance of any change in your banking status.

Termination or Discontinuation

In the event you wish to discontinue use of the On-Line Banking Services, you must contact the Customer Service Department in writing. Such notice of service discontinuation must be supplied ten (10) days prior to the actual discontinuance date and must be sent to:

Eagle Bank
PO Box 345
Jarrell , TX 76537

The Bank reserves the right, in its sole and absolute discretion, to terminate the On-Line Banking Services to you at any time and/or revoke your right to use software. Neither termination nor discontinuance shall affect your liability or obligations under this Agreement.

Disputes

In the event of a dispute regarding On-Line Banking and the On-Line Banking Services, you and the Bank agree to resolve the dispute by looking to this Agreement. You agree that this Agreement, together with the Deposit Agreement and any supplemental agreement relating to a particular On-Line Banking Service, is the complete and exclusive statement of the agreement regarding On-Line Banking Services between you and the Bank, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and the Bank relating to the subject matter of this Agreement. Any and all claims, demands, disputes or controversies of every kind and nature between us arising out of relating to this Agreement, its construction, alleged performance or alleged breach, which is not otherwise settled by agreement between us, shall be submitted to, determined and decided by arbitration, held in, at the Bank’s sole discretion, either Austin or Jarrell, Texas. We agree and hereby instruct the arbitrator(s) in any such arbitration to limit the award to direct damages and not to award any punitive, exemplary, consequential or incidental damages. Nothing herein shall preclude either party from seeking injunctive or other extraordinary relief in the event of a breach or threatened breach of this Agreement in order to prevent irreparable harm.

Assignment

You may not assign this Agreement to any other party.

No Waiver

The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

Governing Law; Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas , without regard to its conflicts of law provisions. This Agreement is performable in Williamson County , Texas , and any action or proceeding filed hereunder or with respect hereto shall be brought in, and each party hereto hereby submits to the jurisdiction of, federal or state courts sitting in Williamson County , Texas .

Eagle Bank is chartered under the laws of the State of Texas and by state law is subject to regulatory oversight by the Texas Department of Banking. Any consumer wishing to file a complaint against the Bank should contact the Texas Department of Banking through one of the following means indicated below:

In Person or U.S. Mail:
Texas Department of Banking
2601 North Lamar Boulevard, Suite 300
Austin, TX 78705-4294

Telephone Number 1-877-276-5554 (toll free)

Fax Number 512-475-1313

E-Mail Address Consumer.complaints@banking.state.tx.us

ADDENDUM TO EAGLE BANK ON-LINE BANKING AGREEMENT
OPTION TO ADD BILL PAYMENT SERVICES

You can choose to add the Bill Payment Service to the Eagle Bank On-Line Banking Services by electing to use this service. This service offers the following features:

• Make one-time or recurring payments on-line to companies or individuals (payees) you select.
• To make the payment electronically (if available on data base) or by paper check.
• Payments made by paper-check or electronically on-line will be deducted from your account when the payment is authorized by you (payments must be made five to seven (5-7) business days prior to the due date excluding grace days, or holidays for electronic transfers, and 7-10 days for paper checks).

Eagle Bank Bill Payment Processing:

Bill payments made through the Eagle Bank Bill Payment service are processed in one of two ways:

• Electronic Transmission – Payments made electronically are processed 24 hours after the request is made (excluding holidays and weekends) and requires a lead-time of five to seven (5-7) business days.
• Paper Check – Payments made by check are processed 24 hours after the request is (excluding holidays and weekends) and require a lead-time of seven to ten (7-10) business days.

Bill Payment Terms and Conditions:

BILL PAYMENT SERVICE THROUGH THE SYSTEM

You must designate the Bank account from which the payments are to be made (if option is available), 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 processed, which will be the day on which the payment will be debited from your account. If the date you want the payment to be sent and debited from your account is not a business day, the payment will be sent and your account will be debited the next business day.

By enrolling in the Bill Payment Service, you authorize us to charge against your designated account all payments initiated through the System on the basis of your access ID and password, regardless of how we effectuate the payment. You also authorize us to charge to your Account for any monthly service fee and any other fee related to the Bill Payment Service. Accounts requiring two signatures are prohibited from participating in the bill pay program.

Besides the monthly service fee, you may or may not be charged a fee for the following:

• Proof of payment (copy of cancelled check)
• Cancellation of payment prior to disbursement
• Payment returned due to customer error
• ACH return fee
• Letter mailed Express Mail
• Letter to recipient of payment

The Bank hereby publishes the following terms and conditions for your use of bill payment services. The Bank reserves the right to modify these terms and conditions at any time, effective upon publication. Your use of bill payment services constitutes your agreement to these terms and conditions and any modifications thereof:

• You agree to accurately follow product use instructions and procedures.
• You agree to schedule paper check bill payments at least five to ten (5-10) business days prior to the due date (excluding grace period, holidays or weekends).
• You agree to provide correct payee name, address, account information and payment amount.
• You agree to pay the Bank's charges and fees for providing bill payment services in accordance with the Bank's published fee schedule, as amended from time to time.
• You agree to maintain sufficient funds in your Funding Account.
• You agree to notify the Bank promptly of any suspected problem or error.
• You agree that Bank is not responsible for any "virus" that may be downloaded from the Eagle Bank On-Line Banking Web Site or Bill Pay Site.