Internet Banking Agreement & Disclosure

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1 Internet Banking Agreement & Disclosure After you have carefully read this Agreement in its entirety and the linked disclosures, you will be asked to agree to this agreement or to disagree with this agreement. If you agree then you will be directed to an enrollment form to complete the deposit and loan accounts that you would like to access through Carolina Bank s Internet banking service (Smart Banker II). Please sign the enrollment form after completing to acknowledge your acceptance of the terms and conditions of the Internet Banking Agreement & Disclosure, and return the signed copy to any Carolina Bank Office. Since fund transfers are allowed between accounts selected for Smart Banker II, any joint account that you select for Smart Banker II must include the signatures of any other parties to the account evidencing their approval of this agreement and permission for you to access balances and transfer funds. The Internet Banking service (Smart Banker II) and Carolina Bank website are intended for individuals at least 15 years of age. Corporations and businesses may use Smart Banker II, but should read and execute a copy of the Internet Banking Agreement & Disclosure for Businesses which may be obtained from any Carolina Bank Office. Introduction This Smart Banker II Agreement & Disclosure governs your use of internet banking (Smart Banker II). Throughout this web site the Internet Banking Agreement & Disclosure will be referred to as "Agreement". The definitions of certain terms used in this agreement are as follows: You or Your - The person(s) subscribing to or using Smart Banker II. We, Us, or Our - Refers to Carolina Bank and any agent, independent contractor, designee, or assignee Carolina Bank may involve in the provision of Smart Banker II. Business Day - Any calendar day other than Saturday, Sunday, or any holidays recognized by Carolina Bank. Business Day Cut-Off - Carolina Bank branch offices are located in North Carolina and base our business day on Eastern Standard Time (EST). For Internet Banking posting purposes, the bank will process all transactions completed by 4:30 p.m. on that business date. Internet Banking transactions completed after 4:30 PM, including transfers, will be processed on the following business day. Privacy Statement - Carolina Bank understands how important privacy is to our customers. We have taken steps to insure your security and privacy for your personal and financial dealings with the bank. Our customer privacy statement can be obtained by clicking on the following link - Carolina Privacy Statement.

2 About Smart Banker II Smart Banker II consists of an online banking service that provides an array of financial services to its customers. Carolina Bank allows customers to access account information for the current period and two previous statement months. The Internet banking service that is accessible by Carolina Bank's customers (Smart Banker II) currently consists of: Account and balance inquiries Up to 2 months statements or transactions Transfer money between accounts Secure s to customer service Transaction download Stop payments View detailed transactions Transfer payments to Carolina Bank loan accounts One time & reoccurring account transfers Internet Security Information Smart Banker II is part of a network that utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. In-depth information on many of the techniques and features employed by the system can be viewed and are explained in our Carolina Bank Security statement. In addition to our log-in security, we use the SSL (secure socket layer) encryption technology for everything you do in Smart Banker II. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small icon of a padlock at the bottom of the screen from open to locked. This means 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. Log-In Security Security is very important to Carolina Bank. You must complete and sign this agreement to obtain an "Access ID" and "password" that will be used to gain access to your accounts. Your session limit is unlimited, but to help prevent unauthorized access and ensure the security of your accounts, we will end your online session if we have detected no activity for 15 minutes. This is to protect you in case you accidentally leave your computer unattended after you log on. When you return to your computer, you will be prompted to re-enter your password and your session will continue where you left off. Because your password is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a password that is hard to guess. Keep your password safe. Memorize your password and never tell it to anyone. You may consider changing your password occasionally, such as every 90 days. This can be done at any time, after you are logged in, from the "options" menu.

3 Fees for the Smart Banker II Smart Banker II is available to our personal customers at no monthly charge for all account information services and transfers. Other fees previously disclosed to you that pertain to your deposit and loan accounts will continue to apply, except stop payments initiated through Smart Banker II are $25 each instead of $29. Balance Inquiries and Transfers Limitations You may use Smart Banker II to check the balance of your accounts and to transfer funds among your accounts. There are no limits to the number of transfers from your Checking Accounts, unless restricted by the terms of the checking account. Federal Regulations require a limit on transfers from money market and savings accounts. Under these regulations, you are limited to six (6) preauthorized electronic fund transfers each month to include telephone transfers, Internet banking transfers, checks, and point-ofsale transactions. Of these six permitted transactions, you are limited to no more than three transactions per month by check or point-of-sale. Payments to your Carolina Bank loan accounts are not counted toward this limit. Certificate of deposit inquiries are available but transfers to or from these accounts are not permitted through Smart Banker II. Loan payments can be made through Smart Banker II if originated from a checking, money market, or savings account which is linked to your related loan account at the end of this agreement. Balances in your accounts may differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. If you have further questions, contact any Carolina Bank office. Special Information about Secure Smart Banker II and our web site include a secure form to forward your request or questions to us. Generally, requests received from the system will be processed within two business days using procedures that would handle similar requests received by mail or fax. If urgent action is required, we recommend that you contact Carolina Bank directly by telephone or in person. s sent through normal Internet channels may not be secure so be sure to use the secure form in Smart Banker II or on the web site for security and privacy.

4 Notice of Your Rights and Liabilities Notify us immediately if your Access ID and Password have been compromised, lost or stolen. Failure to notify us immediately could result in the loss of all money accessible by the password. If we are notified within two (2) business days after you discover that your Access ID and Password have been compromised, lost or stolen, you can lose no more than $50 if someone used it without your permission. If you do not notify us within two (2) business days, and we can prove we could have prevented someone from using the Access ID and Password without your permission, you could lose as much as $500. If your statement shows unauthorized transfers, notify us within 60 days after the statement is mailed to you or viewed on your computer. After 60 days, if we can prove that we could have stopped someone from taking the money if we had been told, lost funds might not be recovered. Errors and Questions In cases of errors or questions concerning transactions completed with Smart Banker II, do one of the following, as soon as possible: 1. Telephone Carolina Bank Customer Service at (336) ; or 2. Write to Carolina Bank Customer Service, PO Box 10209, Greensboro, NC 27404; or 3. Notify us using your PC and the secure form through Smart Banker II or on our web site. We must hear from you within 60 days after you receive the first statement or notification in which the error or problem appeared. Please include the following information: Name Account Number and your Access ID Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more information. Tell us the amount of the error. We will tell you the results of our investigation within ten (10) business days after we hear from you. If we need more time we may take up to 45 business days to investigate. If we choose to take up to 45 business days, we will give you a provisional credit to your account within ten (10) business days. If we decide there was no error, we will furnish you with a written explanation within three (3) business days after the investigation is complete.

5 Disclosure of Account Information to Third Parties Information to third parties about your account(s) or the transaction(s) you make will only be disclosed if at least one of the following applies: 1. It is necessary to complete a transaction. 2. To verify the existence and condition of your account to a third party such as a credit bureau or merchant. 3. To comply with a governmental agency or court order. 4. If permission is given to us by you, which we may require to be in writing. 5. To collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic funds transfer service. 6. It involves a claim by or against us concerning a deposit to or withdrawal from your account. 7. Where otherwise required or permitted under state or federal laws and/or regulations. No Signature Requirements When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you. New Services Carolina Bank may, from time to time, introduce new Internet banking services. We shall update this agreement to notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the terms contained in the new agreement. Virus Protection Carolina Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. Governing Law This agreement and the account or service you are accessing via Carolina Bank will be governed by and interpreted in accordance with the laws of the State of North Carolina.

6 Assignment This agreement may not be assigned to any other party by you. We may assign or delegate, in part or whole, to any third party. Amendments Terms and conditions of this agreement may be amended in whole or part at any time within 30 days written notification prior to the change taking effect. If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. Amendments or changes to term(s) or condition(s) may be made without prior notice if it does not result in higher fees, more restrictive service use, or increased liability to you. Entire Agreement This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this agreement shall supersede.