Online Access Agreement and Electronic Fund Transfer Act Disclosure

Agreement - This Agreement, is a contract establishing the rules, terms and conditions that cover your electronic access to your accounts at Founders Bank, SSB through the Founders Bank Internet Banking System. By using the Internet Banking System, you accept all terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts as well as your other agreements with Founders Bank, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.

This Agreement is also subject to applicable federal laws and the laws of the State of Texas (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. Founders Bank, SSB may assign this Agreement without permission or notice.

This Agreement is binding upon your heirs and Founders Bank, SSB’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement constitutes the entire agreement between you and Founders Bank, SSB with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

Definitions - As used in this Agreement, the words “we,” “our,” “us” and “Bank” mean Founders Bank, SSB “You” and “your” refer to the account holder authorized by Founders Bank, SSB to use Founders Bank Internet Banking System under this Agreement and anyone else authorized by that account holder to exercise control over the account holder’s funds through Founders Bank’s Internet Banking System. “Account” or “accounts” means your accounts at Founders Bank, SSB  “Electronic funds transfers” means ATM withdrawals, pre-authorized transactions, point of sale transactions and transfers to and from your accounts at Founders Bank using Founders Bank’s Internet Banking System. “Business days” mean Monday through Friday. Holidays are not included.

Internet Security Information - Our Internet Banking System utilizes a comprehensive security strategy to protect accounts and transactions conducted over the Internet. In addition to our login security, we use SSL (secure socket layer) encryption technology for everything done in the system. Your browser automatically activates this technology when it attempts to connect to our Internet Banking System and it will support 128-bit key lengths. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small padlock icon at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times, so no unauthorized party can read the information as it is carried over the Internet. Additionally, our servers have been certified by a "Certificate Authority" to assure you that you are actually talking to our servers instead of someone pretending to be us.

During your use of the Internet Banking System, we will pass a "cookie" to your browser to identify you. We do not (and cannot) use our cookies to obtain new information about you. A "cookie" is security data given to a browser by a web server and returned by the browser on subsequent transmissions to identify the user and encryption information. When you log onto the Internet Banking System, this cookie enables us to process multiple transactions during the session without you having to provide your Login ID and password for each individual transaction. After a predetermined amount of time set by our security system or when you log off, the session cookie is no longer accepted and the password must be re-entered. A new cookie is used for each session, so that no one can use the cookie to access your account. For Treasury Management users, a cookie may also be used to restrict access to a specific personal computer for conducting business transactions.

Enrollment Process - The Internet Banking System requires the customer to complete the registration process. This includes, but is not limited to, agreeing to the terms and conditions outlined in this agreement.  Additionally, the customer will be required to complete a one-time security profile questionnaire online. In order to add additional accounts to the Internet Banking System, you will need to contact the Bank. Once we have verified the information you submitted for accuracy and authorizations, your accounts will be added to the Internet Banking System. You will be required to change the temporary password the first time you login to Online Banking. Founders Bank, SSB reserves the right to decline any applicant who does not meet our internet banking requirements. Business customers must complete an Online Banking Access Agreement, and depending on the services they request, may have to sign additional Agreements. Access to accounts will be based upon the identification of users and authority levels specified by you in the enrollment form. Please contact a bank representative for information about this process.


Access - To use the Internet Banking System, you must have at least one account at Founders Bank, SSB and access to Internet service. Once you have accepted the terms of this agreement, you will be able to access your internet accounts with Founders Bank, SSB. You will be given instructions that will enable you to set up your unique Access ID and Password. The Internet Banking System can be used to access only the Bank accounts that you have authorization to access. We undertake no obligation to monitor transactions through the Internet Banking System to determine that they are made on behalf of the account holder.

Internet Banking Services - You can use the Internet Banking System 24 hours, 7 days a week to check the balance of your Bank accounts, view Bank account histories, transfer funds between your Bank accounts, order checks, download history to personal finance software programs.
 
Hours of Access - You can use the Internet Banking System seven days a week, twenty-four hours a day, although occasionally some or all Internet Banking System services may not be available due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the Internet Banking System website.

Your Password - For security purposes, you determine what password you will use; 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 and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to the Internet Banking System will be revoked. To re-establish your authorization to use the Internet Banking System, you must contact us to have your password reset or to obtain a new temporary password. We require that you create a password that utilizes both alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth or names of children, and should be memorized rather than written down.

Security - You understand the importance of your role in preventing misuse of your accounts through the Internet Banking System, and you agree to promptly examine the e-statement or paper statement for each of your 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 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 Login ID are intended to provide security against unauthorized entry and access to your accounts.

Data transferred via the Internet Banking System is encrypted in an effort to provide transmission security; the Internet Banking System utilizes identification technology to verify that the sender and receiver of the Internet Banking System transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the Internet Banking 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 can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Internet Banking System, or email transmitted to and from us, will not be monitored or read by others.

Fees and Charges - You agree to pay the fees and charges as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from your primary Bank account. You agree to pay any additional reasonable charges for services you request not covered by this Agreement. You are also responsible for telephone and Internet service fees incurred in connection with your use of the Internet Banking System.

Posting of Transfers - Transfers initiated through the Internet Banking System before 6:00 p.m. Central Standard Time on a business day are posted to your account the same day. Transfers completed after 6:00 p.m. Central Standard Time on a business day, Saturday, Sunday or banking holiday will be posted on the next business day. The Internet Banking System identifies a transfer based upon the Login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in the Transfer menu options of The Internet Banking System will reflect transfers made by multiple users from the same account if different Login IDs are used. You agree to communicate to any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts, in order to avoid overdrafts.

Overdrafts - (Order of Payments, Transfers and other Withdrawals) - If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then: (a) Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority; (b) Electronic fund transfers initiated through the Internet Banking System which would result in an overdraft of your account may, at our discretion, be cancelled and (c) In the event that electronic fund transfers initiated through the Internet Banking System which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

Limits on Amounts and Frequency of Internet Banking System Transactions - The number of transfers from Bank accounts and the amounts that 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 upon 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 information about your accounts or the transfers you make may automatically be disclosed to others. We will disclose information to third parties about your account or the transfers you make: 1. Where it is necessary for completing transfers, or 2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or 3. In order to comply with government agency or court order, or 4. If you give us your written permission. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to the Internet Banking System. You agree and hereby authorize all of these transfers of information and have no expectations of privacy with respect to your use of the Internet Banking System.

Periodic Statements - You will not receive a separate Internet Banking statement. Transfers to and from your accounts using the Internet Banking System will appear on the respective periodic e-statement or paper statement for your 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 System service, increased liability for you, fewer types of available electronic fund transfers 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 such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on The Internet Banking System website or forward it to you by email or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, you will not be notified of the change in terms. Your continued use of any or all of the subject Internet Banking System indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
 
In Case of Errors or Questions about Your Electronic Transfers - Contact us as soon as you can if you think your e-statement or paper statement is wrong, or if you need more information about a transfer listed on your e-statement or paper statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us: (1) Tell us your name and account number; (2) 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; and (3) Tell us the dollar amount of the suspected error. If you contact us by telephone or by email, we may require that you send us your complaint or question in the form of paper writing by postal mail or fax within 10 business days. We will communicate the results of our investigation to you within 10 business days after you contact us, and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days 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 written within 10 business days, we may not provisionally credit your account. If we decide that there was no error, we will send you a written explanation within 3 business days after completion of our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.
 
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 your losses or damages caused as a result but only to the extent of the amount of the payment or transfer. However, there are some exceptions: We will NOT be liable for (1) If, through no fault of ours, you do not have enough money in your account to make a transfer; (2) If a legal order directs us to prohibit withdrawals from the account; (3) If your account is closed, or if it has been frozen; (4) 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; (5) If you, or anyone authorized by you, commits any fraud or violates any law or regulation; (6) If any electronic terminal, telecommunication device, or any part of The Internet Banking System electronic fund transfer system is not working properly and you knew about the problem when you started the transfer; (7) If you have not properly followed the on-screen instructions for using the Internet Banking System or (8) If circumstances 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.

Your Liability for Unauthorized Transfers - CONTACT US AT ONCE 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 the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of you 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. Also, if your e-statement or paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the e-statement or paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time.

LIMITATION OF LIABILITY: INDEMNIFICATION; ARBITRATION –
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WE SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE SERVICES AS EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITION.

WE SHALL BE LIABLE ONLY FOR LOSSES WHICH ARE THE DIRECT RESULT OF OUR OWN NEGLIGENCE OR INTERNATIONAL MISCONDUCT IN PERFORMING THESE SERVICES, WE SHALL HAVE NO LIABILITY FOR FAILURE TO PERFORM ANY SERVICES OR FOR ANY DISRUPTION OR DELAY IN PERFORMING SERVICES IN THE EVENT SUCH FAILURE, DISRUPTION OR DELAY IS DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, FAILURE OR DISRUPTION OF ELECTRIC POWER, COMPUTER EQUIPMENT, TELECOMMUNICATION SYSTEMS, YOUR INTEREST SERVICE PROVIDER, OR WEATHER CONDITIONS. WE SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL PUNITIVE DAMAGES, OR INDIRECT LOSS UNDER ANY CIRCUMSTANCES.

UNLESS OTHERWISE REQUIRED BY LAW OR SPECIFICALLY PROVIDED FOR IN THIS AGREEMENT, YOU AGREE THAT NEITHER WE NOR THE SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY HARM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, AND ECONOMIC DAMAGES, RESULTING IN ANY WAY FROM THE INSTALLATION, OPERATION OR MAINTENANCE OF OUR EQUIPMENT OR SOFTWARE, OR INTERNET BROWSER OR ACCESS SOFTWARE. NOR SHALL THE SERVICE PROVIDERS OR WE BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY HARM, WHETHER CAUSED BY FOUNDERS BANK, ITS EQUIPMENT OR SOFTWARE, OR BY INTERNET ACCESS OR BROWSER PROVIDERS, OR BY ON-LINE SERVICE PROVIDERS, OR ANY AGENT OR SUBCONTRACTOR OF ANY OF THE AFOREMENTIONED PARTIES.

EXCEPT TO THE EXTENT THAT WE ARE LIABLE UNDER THESE TERMS AND CONDITIONS, YOU AGREE TO INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM ALL CLAIMS, DEMANDS, JUDGMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF THESE SERVICES. YOU AGREE THAT THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS.

DISPUTES BETWEEN YOU AND FOUNDERS BANK, SSB. UNDER THIS INTERNET ACCESS AGREEMENT AND THAT RELATE TO ANY OF YOUR FOUNDERS  BANK ACCOUNTS ARE SUBJECT TO THE ARBITRATION PROCEEDINGS DESCRIBED IN THE RULES AND REGULATIONS GOVERNING ACCOUNTS.

Virus Protection – Founders Bank, SSB is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their personal computers and diskettes using a reliable virus detection product to detect and remove any viruses. Undetected or unprepared viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

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

Our Right to Terminate - You agree that we can terminate or limit your access to the Internet Banking System for any of the following reasons: (1) Without prior notice, if you have insufficient funds in any one of your Bank accounts; Internet Banking System may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers and debits; (2) Upon 3 business days notice, if you do not contact us to designate a new primary checking account immediately after you close your primary checking account and (3) Upon reasonable notice, for any other reason in our sole discretion.

Communications between Founders Bank and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: (1) Email –You can contact us by email at www.customerservice@foundersbanktx.com.  (Please note that banking transactions through the Internet Banking System are not made via email); (2) Telephone - You can contact us by telephone at (281) 325-5000; (3) Facsimile - You can contact us by fax at (281) 325-5050; (4) Postal Mail - You can write to us at: Founders  Bank, SSB, P.O. Box 25005, Sugar Land, TX. 77496-25005; and (5) In Person - You may visit us in person at the location listed on our website. Hours of operation: Lobby Hours Monday-Friday 8:30am-5:00pm CST.

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 electronic fund transfer disclosures, may be made electronically by posting the notice on the Internet Banking System website or by email. You agree to notify us immediately of any change in your email address.

BY CLICKING ON THE “I ACCEPT” BUTTON BELOW, YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THE "ONLINE ACCESS AGREEMENT AND ELECTRONIC FUND TRANSFER ACT DISCLOSURE