Internet Banking Terms and Conditions

FIRST CITIZENS BANK
Consumer
Internet Banking Access Agreement
Electronic Funds Transfer Act Disclosure

Agreement- This Agreement, Which includes the fee schedule and Enrollment Form, is a contract, which establishes the rules, which covers your electronic access to your accounts at First Citizens Bank through internet banking. By using Internet Banking, you accept all the terms and conditions of this Agreement. Please read carefully. The terms and conditions of the deposit agreements and disclosures for each of your First Citizens Bank accounts as well as your other agreements with First Citizens Bank such as loans and availability of funds continue to apply notwithstanding to the contrary in this Agreement.

Definitions- As used in this agreement, the words “we”,” our” and “us” mean First Citizens Bank. “You” and “your” refer to the account holder authorized by First Citizens Bank to use Internet Banking under this Agreement, and to anyone else authorized by that account holder’s funds through Internet Banking. “Account” or “accounts” mean your accounts at First Citizens Bank that can be accessed through Internet Banking. “Electronic Funds Transfer (ETF)” means preauthorized transactions and transfers to and from your First Citizens Bank accounts using Internet Banking including bill payments. “Internet Banking services” means the service provided pursuant to this Agreement, including the Bill Payment Service. “Business days” mean Monday through Friday. Bank holidays are not included.

Access- To use Internet Banking, you must have an account at First Citizens Bank, access to Internet service, and an e-mail address. Once we have reviewed your Registration Form, and verified your account information, you will receive an approval confirmation of your enrollment. Internet banking can be used to access only the First Citizens Bank accounts that you have designated for access by Internet Banking in your enrollment form. You can add or delete any of your First Citizens Bank accounts for this Agreement by contacting Customer Service. Access to your accounts through Internet Banking will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through Internet Banking to determine that they are made on behalf of the account holder.

Internet Banking Services- You can use Internet Banking to check the balance of your First Citizens Bank accounts, view First Citizens Bank account histories, transfer funds between your First Citizens Bank accounts, make stop payment requests, view checks, and request address change forms. If you requested Bill Payment Service on your Enrollment Form, you can pay bills from your First Citizens Bank checking accounts in the amounts and on the dates you requested.

Hours of Access- You can use Internet Banking seven days a week, twenty-four hours a day, although some or all Internet Banking services may not be available occasionally due to emergency or scheduled Internet Banking maintenance. We agree not to post notice of any extended periods of non-availability on the First Citizens Bank website.

Passwords- For security purposes, you are required to set your password upon your initial registration to Internet Banking. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password. First Citizens bank recommends you change your password at least every 60 days. You are liable for all transactions made or are authorized using your password. First Citizens Bank has no responsibility for establishing the identity of any person or determining the validity of any transaction received using your password. If you provide your password to anyone, you authorize any transactions carried out by that person. You must notify First Citizens Bank at once by calling a Customer Service Representative at (406) 494-4400 or (800) 406-8035 if you believe another person has improperly obtained your password or has carried out unauthorized transactions.

If the account is a multiple-party account, each joint account holder, without the consent of any other account holder, may, and is authorized by every other joint account holder, to make any transaction permitted under the Agreement. Each account holder is fully and personally obligated under the terms of this Agreement for the actions of the other joint account holders. Upon three unsuccessful attempts to use your password, your access to Internet Banking will be suspended. To re-establish your authorization to use Internet Banking, utilize the “Forgotten Password” option available on the login screen to receive a one-time temporary secure access code. For increased security, we recommend you create a password that includes special characters. Your password should not be associated with any commonly known personal identification , such as social security numbers, address, birth date, and should be memorized rather then written down.

Security- You understand the importance of your role in preventing misuse of your accounts through Internet Banking, and you agree to promptly examine your statements for each of your First Citizens Bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and your social security number. You understand that personal identification information by itself or together with information related to your account, may allow unauthorized access to your account. Your password and logon ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Internet Banking is encrypted in an effort to provide transmission security and Internet Banking utilizes identification technology to verify that the sender and receiver of Internet Banking E transmissions can be appropriately identify each other. Notwithstanding our efforts to insure that the Internet Banking is secure, you acknowledge that Internet Banking is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet Banking and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Internet Banking, or e-mail transmitted to and from us, will not be monitored or read by others.

Fees and Charges- You agree to pay the fees and charges for your use of Internet Banking serviced as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the First Citizens Bank checking account designated as the “Primary Checking Account” on your Enrollment Form. If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services your requests which are not covered by this Agreement. You are also responsible for telephone and Internet Banking service fees you incur in connection with your use of Internet Banking.

Posting and Transfers- Transfers initiated through Internet Banking before 4:00 p.m. (Mountain Time) on a business day are posted to your account the same day. Transfers completed after 4:00 p.m.(Mountain Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. Internet Banking identifies transfers based upon the login ID of the user who made the electronic transfer.

Overdrafts- (Order of payments, Transfers, and other Withdrawals)- If your account has insufficient funds to post all EFT’s, you have requested for a business day EFT’s involving currency disbursements, like ATM or Visa Debit Card withdrawals, will have priority, and EFT’s initiated through Internet Banking, which would result in an overdraft of your account, may, at our discretion, be cancelled, paid or returned. Overdraft/NSF charges may be assessed pursuant to the terms of the deposit agreement for that account.

Limits on Accounts and Frequency of Internet Banking Transactions- The number of transfers from First Citizens Bank accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

Disclosure of Account Information and Transfers- You understand that information about your accounts or the transfers that you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions must be reported to the government. We may also provide information about your accounts to persons or companies we would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they are not handled properly. We may also seek information about you from others, such as a credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to Internet Banking. You agree and hereby authorize all of these transfers of information.

Periodic Statements- you will not receive a separate Internet Banking statement. Transfers to and from your accounts using Internet Banking will appear on the respective periodic statements for your First Citizens Bank accounts.

Change in Terms- We may change any term of this Agreement at any time. If the change would result in increased fees for any Internet Banking service, increased liability for you, fewer types of available EFT’s, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any changes, unless an immediate change is necessary to maintain the security of an account or Internet Banking. We will post any required notice of the change in terms on the First Citizens Bank Internet website, forward it to you by e-mail or by postal mail or utilize a statement message. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or Internet Banking, we will notify you of the change in terms within 30 days after the change becomes effective. Your continually use of any or all the entire Internet Banking services indicates your acceptance of the change of terms. We reserve the right to waive, reduce or reverse changes or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts.

In Case of Errors or Questions about Your Electronic Transfers- Telephone us at (406)494-4400 or notify us in writing at P.O. Box 3149, Butte, MT 59701-3149, immediately, if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later then 60 days after we send the First statement upon which the problem or error appeared. When you contact us:

Tell us your name and account number
Describe the error or 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.
Tell us the dollar amount of the suspected error.

If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of paper writing by postal mail or fax with in 10 business days.

We will communicate to you the results of our investigation within 10 business days( and 20 business days if the transfer involved in a new account) after you contact us 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 P.O.S. transaction, or a foreign-country-initiated transfer) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the 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 in the form of paper writing within 10 business days, we may not provisionally credit your account. Your account is considered a new account for the first 30 days after the first deposit is made.

We will tell you the results within 3 business days after completing our investigation. If we decide that there is no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Your protections and rights to error resolution under Regulation E are established by the Regulation E are established by the regulatory definition of “error”. The term “error” means:

An unauthorized electronic funds transfer(EFT)
An incorrect EFT to or from the consumer’s account.
The omission of an EFT from a periodic statement.
A computational or bookkeeping error made by the financial institution relating to an EFT.
The consumer received an incorrect amount of money from an electronic terminal.
An EFT that is not properly identified.
A request for a document required by Regulation E, or for additional information or clarification so that a consumer can determine whether an error was made.

Our Liability for Failure to Make a Transfer- If we do not complete a transfer to or from your account, 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 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 the transfer.
If the money in your account is subject to legal process or other claims restricting such transfer.
If the transfer would go over the credit limit on your overdraft line.
If circumstances beyond our control(such as fire or flood)prevent the transaction, despite reasonable precautions that we have taken.
There may be other exceptions stated in our agreement with you.

Your Liability for Unauthorized Electronic Transfers - CONTACT US IMMEDIATELY by telephone at (406)494-4400 or write us at P.O. Box 3149, Butte, MT 59701-3149, if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all of the money in your accounts(plus your maximum overdraft line of credit if any)If you contact us within two business days after you learn of the loss , theft, compromise, or unauthorized use of your password you can lose no more than $50 if someone used your password without your permission.

If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. The two(2) day period is determined using the time zone of the main office in Butte Montana, (Mountain Time Zone) not the time zone where the consumer is located.

Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the statement was delivered to you, you may not get back any money you lost through transactions made after the 60 time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (Such as a long trip or hospital stay) kept you from contacting us, we may extend the time periods.

DISCLAINER OF WARRANTY AND LIMITATION OF LIABLITY- WE MAKE NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDINGANY IMPLIED WARRANTY OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE INTERNET BANKING SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT INTERNET BANKING WILL OPERATE WITHOUT ERRORS, OT THAT ANY OR ALL INTERNET BANKING SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMNT, OR OTHERWISE REQUIREDBY LAW, YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO INTERNET BANKING, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, FURTHER, IN NO EVENT SHALL THE LIABILITY OF FIRST CITIZENS BANK AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH INTERNET BANKING.

Your Right to Terminate- You may terminate your Internet Banking service at any time by providing us with written notice by postal mail or fax. Your access to Internet Banking will be terminated within 3 business days of our receipt of your instructions to terminate the service. You will remain responsible for all outstanding fees and changes incurred prior to the date of termination.

Our Right to Terminate- You agree that we can terminate or limit your access to Internet Banking services for any of the following reasons:

Without prior notice, if you have insufficient funds in any one of your First Citizens Bank accounts. Internet Banking may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
Upon three business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.
Upon reasonable notice, for any other reason in our sole discretion.

Communications between First Citizens Bank and You- Unless this agreement provides otherwise, you can communicate with us in any one of the following ways:

E-mail:         [email protected]                            In Person: 3220 Harrison Avenue, Butte, Mt.
Telephone: (406)494-4400                               Facsimile: (406)494-4472
Postal Mail: First Citizens Bank
                    P.O. Box 3149
                    Butte, MT 59701-3149

Consent to Electronic Delivery of Notices- You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including EFT disclosures, may be made electronically by posting the notice on the First Citizens Bank Internet Banking website, statement message or by e-mail. You agree to notify us immediately of any changes to your e-mail address.