1 CONSUMER ONLINE BANKING DISCLOSURE AND AGREEEMENT This Agreement describes your rights and obligations as a user of the Online Banking service and/or the Bill Payment and Presentment service ("Services"). It also describes the rights and obligations of Bay Bank, FSB. Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement. Definitions The following definitions apply in this Agreement. "Online Banking" is the Internetbased service providing access to your Bay Bank, FSB account(s); "Online Account" means any Bay Bank, FSB account you will be viewing and/or from which you will be conducting transactions using Online Banking; and "Password" is the code you create that establishes your connection to Online Banking. "Time of day" references are to Eastern Standard Time or Eastern Daylight Time, as applicable. "We" or "us" refer to Bay Bank, FSB, which offers Online Banking and which holds the accounts accessed by Online Banking. Access to Online Banking You access your accounts by using your Internet-Enabled Device, Internet Service Provider, User ID, and Password. You may also be required to answer security questions. Any accounts at this financial institution that you have an owner relationship to can be added to your online banking service. Use of your Password You agree to not allow anyone to gain access to your Online Banking or to let anyone know your Password used with your Online Banking. You agree to assume responsibility for all transactions for all accounts you access using Online Banking up to the limits allowed by applicable law. If your Password has been lost or stolen If your Password has been lost or stolen, call Bay Bank, FSB, support at 1(800) , 24 hours a day, 7 days a week. Telephoning support is the best way to minimize your losses. If you believe your Password has been lost or stolen and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. If your statement shows transfers that you did not make If your statement shows transfers that you did not make, notify Bay Bank, FSB,
2 immediately by calling 1(800) , extension 7340, 24 hours a day, 7 days a week, or writing us at: Bay Bank, FSB Electronic Banking 7151 Columbia Gateway Drive, Suite A Columbia, Maryland If you do not notify Bay Bank, FSB, within 60 days after the statement was mailed to you or provided to you electronically, you may not recover any money lost after the 60 days which would not have been lost if Bay Bank, FSB, had been notified in time. If a good reason (such as a long trip or hospital stay) delayed you from contacting the bank, Bay Bank, FSB, may extend the times. Banking Transactions with Online Banking In addition to viewing account information, you may use Online Banking to conduct the following transactions: 1. Transfer funds among your Bay Bank, FSB checking accounts, savings accounts, money market accounts, and loan accounts. NOTE: Because regulations require Bay Bank, FSB, to limit preauthorized transfers (including Online Banking transfers), the following limitations apply: a. Statement savings account. You can make no more than three transfers out of your account per statement period by preauthorized or automatic transfer or by telephone or Online Banking or in person. b. Money Market savings account. You can make no more than six transfers out of your account per statement period by preauthorized or automatic transfer or by telephone or Online Banking or in person and no more than three of these may be by check, draft or debit card. 2. New services may be introduced for Online Banking from time to time. Bay Bank, FSB, will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules, which will be made available to you concerning these services. Office of Foreign Asset Control (OFAC) As a Bay Bank, FSB, Online Banking customer using the Bill Payment and Presentment and/or ACH features of online banking, you are considered an "originator" of an ACH transaction and you are subject to applicable U.S. law when initiating ACH transactions. This includes, among other things, that as an Originator you will not violate the Office of Foreign Assets Control (OFAC) enforced sanctions, and you will not act on behalf of, or transmit funds to or from, any party subject to such sanctions. (A complete list of parties subject to the OFAC sanctions can be found at You can also order a copy of the current ACH Rules at Bill Payment Service
3 The Bill Payment service permits you to direct payments from your designated online Bill Pay Account(s) to third parties. Your Bill Payment Account must be a checking account. Through the Bill Payment service, you can pay bills from your Bill Pay Account to businesses or individuals. All payments you make will be deducted from the account that you designate as your Bill Payment Account for the Bill Payment service. Any payments you wish to make through this service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited. Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday or holiday), funds must be available in your Bill Payment Account the following business day (e.g., Monday). After funds are withdrawn from your Bill Payment Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing a check to the payee. You may choose to schedule payments to recur in the same amount at various intervals. When you create a new payee in the Bill Payment service, it has a temporary status until we have had sufficient time to set up the account, and for your business payees, verify information about your account. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee. For all subsequent payments, you agree to allow at least six (6) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, Bay Bank, FSB s Bill Payment Provider will work with the payee on your behalf to attempt to have any late fees or charges reversed. Payment Processing Exceptions: Average processing times do not apply for bill payments sent to the following: U.S. Territories (Guam, Puerto Rico, U.S. Virgin Islands) or International Military Bases (Armed Forces Americas, Armed Forces Europe, Asia, Canada, Middle East, Armed Forces Pacific). Bay Bank, FSB, is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. Bay Bank, FSB, will not be liable in any way for damages you incur if you do not have sufficient funds in your Bill Payment Account to make the payment on the processing date, for
4 delays in mail delivery, for changes to the payee's address or account number (unless you have made the change in the Bill Payment Service by creating a new payee prior to scheduling the payment), for the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of Bay Bank, FSB. If the session during which you schedule a payment or transfer ends by 8:30 p.m., Bay Bank, FSB, will be considered to have received it on that day; otherwise, it will be considered received on the following business day. For all entries made using the service, the time recorded by the Online Banking service is the controlling time. If your Bill Payment Account does not have sufficient funds to make a payment as of the date the transfer or payment is attempted or scheduled to be made, the transfer or payment may be canceled and no further attempt will be made by Bay Bank, FSB, to make the transfer or payment. Bay Bank, FSB s Bill Payment Service Provider will attempt to notify you by or U.S. Postal Mail, but Bay Bank, FSB, shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for contacting bill payment support at (800) and, if necessary, either making alternate arrangements for the payment or rescheduling the payment through the Service. If an electronic payment was sent from Bay Bank, FSB s Bill Payment Provider and funds are not available in your account, it is your responsibility to pay the funds to Bay Bank, FSB s Bill Payment Provider. In the case of scheduled recurring payments, only the payment currently scheduled will be canceled. Recurring payments scheduled for future dates will not be affected. The way to cancel or change a payment is to use your Bill Payment Service. Payments must be changed or canceled using the Service prior to 8:30 p.m. on the business day prior to the day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. Stop payment orders, whether oral, written, or electronic, will be in effect for a period of six months. If required by Bay Bank, FSB, you will confirm any stop payment order in writing. After six months, any stop payment will terminate and must be renewed in order to continue in effect. Bay Bank, FSB, may pay any item that is presented following the lapse of any stop payment order. Stop payments for a payment scheduled through the Bill Payment Service can only be placed on payments where the payment is made to the payee by paper check and the check has not yet cleared. Stop payments cannot be issued for bill payments that are sent to the payee electronically. Bill Presentment Service This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your bill originator directly if you do not receive your statement. If you elect to activate one of the electronic Bill Presentment options, you agree to the following:
5 Maintenance: It is your responsibility to maintain all user names and passwords for all electronic bill originator sites and provide all information required for Bill Presentment. Activation: Upon activation of the electronic bill feature Bill Presentment may notify the bill originator of your request to receive electronic billing information. The presentment of your first electronic bill may vary from bill originator to bill originator and may take up to sixty (60) days, depending on the billing cycle of each bill originator. Additionally, the ability to receive a paper copy of your bill(s) is at the sole discretion of the bill originator. While your electronic bill presentment feature is being activated it is your responsibility to keep your accounts current. Each electronic bill originator reserves the right to accept or deny your request to receive electronic bills. Authorization to obtain bill data: Your activation of the electronic bill presentment feature for a bill originator shall be deemed by us to be your authorization for us to obtain bill data from the bill originator on your behalf. For some bill originators, you will be asked to provide us with your user name and password for that bill originator. By providing us with such information, you authorize us to use the information to obtain your bill data. Notification: Bill Presentment will use its best efforts to present all of your electronic bills promptly. In addition to notification within Bill Presentment, Bill Presentment may send an notification to the address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to Bill Presentment and check on the delivery of new electronic bills. The time for notification may vary from bill originator to bill originator. You are responsible for ensuring timely payment of all bills. Cancellation of electronic bill notification: The electronic bill originator reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from bill originator to bill originator. It may take up to sixty (60) days, depending on the billing cycle of each bill originator. Bill Presentment will notify your electronic bill originator(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. Bill Presentment will not be responsible for presenting any electronic bills that are already in process at the time of cancellation. Non-delivery of electronic bill(s): You agree to hold Bill Presentment harmless should the bill originator fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the bill originator directly. Accuracy and dispute of electronic bill(s): Bill Presentment is not responsible for the accuracy of your electronic bill(s). Bill Presentment is only responsible for presenting the information we receive from the bill originator. Discrepancies or disputes regarding
6 the accuracy of your electronic bill summary or detail must be addressed with the bill originator directly. You agree not to use someone else s information to gain unauthorized access to another person s bill. This Agreement does not alter your liability or obligations that currently exist between you and your bill originators. EXCLUSIONS OF WARRANTIES BILL PRESENTMENT AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. External Transfers The External Transfer feature of the Service allows you to request that we initiate an electronic funds transfer from a bank account held in your name at another financial institution (the external bank account) to one of your eligible checking accounts at Bay Bank, FSB, or from one of your eligible Bay Bank, FSB checking accounts to an account held in your name at another financial institution. This feature cannot be used to transfer funds to third parties or to or from an account that is held or owned solely by a person other than you. By creating a transfer instruction using this feature you authorize Bay Bank, FSB, and its service providers to initiate electronic debits and credits to and from your bank to bank eligible accounts and external bank accounts to process your external transfer request. This authorization will remain in effect until you cancel the authorization and give us reasonable time to act on that request. You also authorize us to correct any error and to make adjustments when a funds transfer is returned, reversed or cannot be completed. You authorize us to make such corrections and adjustments by initiating electronic debits or credits to and from your eligible account(s) and external account(s) and by debiting any other account you have at Bay Bank, FSB, (if the erroneous, returned, reversed or incomplete transfer cannot be fully corrected or adjusted by debiting your eligible Account(s) or external account(s)). This authorization shall survive cancellation or termination of your External Transfer service. You represent and warrant to us that you are the owner of both the eligible account(s) at Bay Bank, FSB, and the external account(s) AND that you have the authority to register for the External Transfer Service and to initiate funds transfers to and from the eligible accounts at both Bay Bank, FSB, and the external financial institutions. You guarantee to us that you will not use the External Transfer Service for business purposes or any purpose or activity that is in violation of any federal or state law, rule, statute or regulation, including the rules of any payment system used to process your transfer request. Bay Bank, FSB, and any financial institution(s) holding the external account(s) may rely on the representations and the authorizations provided by you in this agreement without
7 investigation. We will use the Automated Clearing House ( ACH ) network to initiate the electronic debits and credits to your eligible account(s) to process your transfer requests. We may use other methods to process a request, including, but not limited to, a book transfer or wire transfer. Bay Bank, FSB, makes no representation or warranty to you that the financial institution that holds the external account will properly credit or debit funds arising from an incoming or outgoing funds transfer to or from your external account or will honor any instruction to credit or debit your external account. We will process transfer requests received before 8:00 PM EST on that business date. Transfer requests that are received after 8:00 PM EST or on a non-business day will be processed the next business day. Bay Bank, FSB, has no obligation to complete a transfer request if there are not sufficient funds in your eligible account, if the transaction is not processed or is returned for any reason by the financial institution holding your external account, the transfer request exceeds any dollar or frequency limitation placed on funds transfers by us, there are any holds or restrictions on your Bay Bank, FSB account or your external account that would prohibit the transfer, or if, in our discretion believe that processing the transfer would result in or expose us to a loss of any kind. We are not responsible for actions taken by the financial institution that holds your external accounts, and we are not responsible if the financial institution does not properly credit or debit a funds transfer to or from your external account. It is your responsibility to monitor your External Transfer accounts through your online banking service to determine that your transfer requests have been processed. You are responsible for the content of any transfer request and the accuracy of the request. Bay Bank, FSB, is not responsible and under no obligation to determine the accuracy of your request. The per day limit for external transfers is $10, There is a $1.00 charge for each external transfer where the transfer request is debiting your Bay Bank, FSB account and crediting your eligible external account. Electronic Statement Delivery You may elect to receive your deposit account statements electronically by accepting this Electronic Statement Delivery Agreement. By requesting to receive your statements electronically you are confirming that: 1. You have the equipment and software (statements are in PDF format and may be viewed using Adobe Acrobat Reader version 7.0 or higher is recommended) necessary to allow you to receive, view, and print your statement electronically for eligible accounts. It is recommended that you keep your system security current to include Microsoft Security Updates and antivirus software updates.
8 2. You agree to notify Bay Bank, FSB, if you are not able to receive, view, and print your statement for any reason; at which time Bay Bank, FSB, may resume mailing a paper statement to the address currently on file for your account. You may notify us by sending an to 3. You have the equipment and software necessary to allow you to receive, view and print, including, but not limited to, change of terms notices, annual privacy notices, and other notices required by applicable law or any agreement between you and us (each a Legal Communication ). 4. You have a valid address at which to receive any notice that a periodic statement is available to you at our internet banking website. 5. You agree to receive electronically, and we no longer need to send you a paper copy of, any periodic statement for your primary account(s) or any Legal Communication. 6. You agree to discontinue receipt of cancelled checks, if, prior to agreeing to receive your statements electronically, you received cancelled checks as part of your account statement. 7. You agree that, upon our receipt of your request for electronic statement delivery, any combined statements that you have may be discontinued. Further, you agree that, going forward, you will not request combined statements for any of the accounts for which you receive electronic statement delivery. When you choose to receive your statements electronically the following applies: 1. Your statement date will not change. 2. You will not receive a paper statement. 3. Your statement will be available to you within internet banking for a period of at least six (6) months. Once Bay Bank, FSB, electronic statement delivery takes affect for your account, whenever any periodic statement for your account or any Legal Communication is ready to be made available to you at our website, we will send a notice to the address you have provided within your internet banking service. You acknowledge that the notice will constitute delivery of the periodic statement or Legal Communication, whether or not you view or print it. If the notice is returned to us as undeliverable, we will contact you by mail, via U. S. Postal Service, at the address currently in our records, to notify you that we were unable to successfully deliver your notification. You will be asked to provide to us a valid address to use for your electronic statement delivery notices. When you receive your notice that your electronic statement is available, you must not respond to the notice (including using the reply function) in order to request information, service, or a paper copy of a periodic statement for your account, a Legal Communication, or any other item or to terminate enrollment in Bay Bank, FSB, electronic statement delivery, and we will not be responsible to responding to any request or termination of enrollment made by your responding to the notice by .
9 Acknowledgement of Risk: You acknowledge that there are risks associated with sending a notice to an address, including, but not limited to, disruption of service and, because is not private or secure, unauthorized access to the notice and information that it contains. Termination of Electronic Statement Service: Bay Bank, FSB, may terminate your enrollment in our electronic statement delivery by notifying you. The termination will take place on a date at our discretion. You may terminate your enrollment in electronic statement delivery by notifying us. You may notify us via at or by sending a written request to Bay Bank, FSB, Electronic Banking, 7151 Columbia Gateway Drive, Suite A, Columbia, Maryland The termination will take effect when we have had reasonable time to act on your notice, which can take up to sixty (60) days. Any termination of your enrollment may be effective for all accounts. Any termination of your enrollment will not affect the validity or legal effect of any periodic statement for your account or any Legal Communication provided to you at our website. Paper Statements: At any time after you enroll in Bay Bank, FSB, electronic statement delivery, we will discontinue mailing paper copies of your statement and paper copies of Legal Communications. For as long as we are required by applicable law to keep a copy of any statement for an account or any Legal Communication, you may request a paper copy by contacting your branch office. You must pay to us any applicable charge for the paper copy as identified in the bank s special handling charges or fee schedule then currently in effect. Your request for a paper copy will not constitute a request to cancel electronic statement delivery. If we discontinue sending paper copies of statements and/or Legal Communications, we may resume sending them at any time, for any reason, including, but not limited to, we believe that you are not receiving notices that an electronic statement is available in your online banking service or we believe that a change in equipment or software required for electronic statement delivery creates a risk that you may not be able to receive, view, or print your statement. Joint Account: Any holder of an eligible account may enroll in or terminate enrollment in electronic statement delivery (if more than one owner of an account has online banking service, then statement delivery will be determined by the last instruction received from any of the owners). All joint accountholders will be bound by the enrollment or termination of enrollment. Electronic Mail If you send Bay Bank, FSB, an electronic mail message ( ), Bay Bank, FSB, will be deemed to have received it on the following business day. Bay Bank, FSB, will have a reasonable time to act on your . You should not rely on if you need to communicate with Bay Bank, FSB, immediately - for example, if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.
10 You agree that Bay Bank, FSB, may respond to you by with regard to any matter related to Online Banking, including responding to any claim of unauthorized electronic funds transfer that you make. Any such sent to you by Bay Bank, FSB, shall be considered received within three (3) days of the date sent by Bay Bank, FSB, regardless of whether or not you sign on to the Service within that time frame. Alerts The Service allows you to set up alerts based on various events. Bay Bank, FSB, may add or remove various types of alerts from time to time. You understand that alerts may be delayed or prevented for various reasons. We do not guarantee delivery of any alert and are not responsible for any actions taken or not taken by you based on receipt or nonreceipt of an alert. Other agreements In addition to this Agreement, you and Bay Bank, FSB, agree to be bound by and comply with the requirements of the agreements applicable to each of your Bay Bank, FSB accounts. Your use of the Online Banking service or the Bill Payment and Presentment service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Bay Bank, FSB, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures. We will automatically deduct the fees (if any) related to your Online Banking from your Bill Payment Account each month. Hours of Operation Online Banking is available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, Bay Bank, FSB's business days are Monday through Friday, excluding holidays. All Online Banking transaction requests received after 8:00 p.m. on business days and all transactions which are requested on Saturdays, Sundays or holidays (on which Bay Bank, FSB, chooses to remain closed), will be processed on the next business day. Bay Bank, FSB's business day begins at 9:00 a.m. Modifications to this Agreement Bay Bank, FSB, may modify the terms and conditions applicable to Online Banking and/or Bill Payment and Presentment Service from time to time. These modifications will be delivered to you by mail (at the address currently shown in our records) or delivered via (at the address you have entered in your online service) or delivered to the message center within your online banking service. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. Any notice we send to you via or message center will be deemed as received three days after it is sent. We reserve the right to terminate this Agreement and your use of Online Banking and/or Bill Payment and Presentment in whole or in part at any time without prior notice.
11 Errors and questions In case of errors or questions regarding an Online Banking transaction call Bay Bank, FSB, at 1 (800) , extension 7340, 24 hours a day, 7 days a week. In case of error or questions regarding Bill Payment and Presentment transactions, call our customer support center at (800) , 24 hours a day, 7 days a week or write us at: Bay Bank, FSB Electronic Banking 7151 Columbia Gateway Drive, Suite A Columbia, Maryland We must hear from you at the specified telephone number or address no later than 60 days after we issue you the FIRST statement on which the problem or error appeared. We will need: 1. Your name and account number (if any) 2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information 3. The dollar amount of the suspected error and date on which it occurred. If the report is made orally, we may require that you send the complaint or question in writing within 10 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45). If we determine that no error occurred, we will send you a written explanation within three business days after the investigation has been completed. You may request copies of the documents that were used in the investigation. You agree that Bay Bank, FSB, may respond to you by with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by Bay Bank, FSB, shall be considered received within three (3) days of the date sent by Bay Bank, FSB, regardless of whether or not you sign on to the Service within that time frame. Our liability for failure to make a transfer If we do not properly complete a transfer to or from your account on time or in the
12 correct amount according to our agreement with you, we will be liable for the amount of any losses or damages incurred by you and resulting directly from such failure. We will not be liable in the following instances: 1. If through no fault of Bay Bank, FSB, you do not have enough money in your account to make the transfer. 2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer, despite reasonable precautions that we have taken. 3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy. 4. If your funds are subject to legal process or other encumbrance restricting the transfer. 5. If your transfer authorization terminates by operation of law. 6. If you believe someone has accessed your accounts without your permission and you fail to notify Bay Bank, FSB, immediately. 7. If you have not properly followed the scheduling instructions on how to make a transfer included in this Agreement. 8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. 9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement. In the specific instances named above and certain other exceptions stated elsewhere in this agreement and in other agreements with you we will not be liable for failing to make a transfer. If any of the circumstances listed in subparagraph 2 or 8 above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transaction that may not have been completed or to correct incorrect transactions that have been processed. Disclosure of information to third parties We will disclose information to third parties about your account or the transfers you make: 1. when it is necessary to complete the 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 or court orders, or other reporting requirements. Or, 4. if you give us your written permission. Or, 5. to Bay Bank, FSB, affiliated companies.
13 Information concerning your account history with Bay Bank, FSB, will be shared within the organization. Other information, including information you have given us as part of an application for one of our products or services, or information we have received from a credit bureau or other third party, also may be shared among affiliated companies within the Bay Bank, FSB organization. You may direct that information other than your Bay Bank, FSB account history not be shared with Bay Bank, FSB, affiliates by e- mailing us at or calling us at Inactivity; Termination You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit and/or loan accounts which you access using Online Banking. We can terminate your Online Banking privileges (including the Bill Payment and Presentment service) under this Agreement without notice to you if you do not pay any fee required by this Agreement when due or if you do not comply with the agreement governing your deposit and/or loan accounts or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason. If you are not paying a monthly service charge for the Online Banking and/or Bill Payment and Presentment, we may convert your account to inactive status if you do not log into Online Banking and/or Bill Payment and Presentment or have any transaction scheduled through Online Banking and/or Bill Payment and Presentment during any consecutive 90 day period. If your account is inactive for 90 days and we close your Online Banking service, you may need to register again for the Service. To cancel your Online Banking and/or Bill Payment and Presentment service, you must notify Bay Bank, FSB, and provide your name; address; whether you are discontinuing Online Banking, Bill Payment and Presentment or both; and the effective date to stop the service. When Bill Payment and Presentment is terminated, any prescheduled Bill Payments and Presentments will also be terminated. Your final charge (if any) for the Bill Payment and Presentment service will be assessed after termination. You may notify Bay Bank, FSB, to close your Online Banking and/or Bill Payment and Presentment service by one of the following methods: 1. By sending an to 2. By calling , extension 7340, 24 hours a day, 7 days a week 3. By writing a letter and either sending it to the following address or giving it to a Bay Bank, FSB, Associate at any branch location: Bay Bank, FSB Electronic Banking 7151 Columbia Gateway Drive, Suite A Columbia, Maryland Governing Law
14 This Agreement is governed by the laws of the State of Maryland and applicable federal law. Fee schedule Bay Bank, FSB, offers the benefits and convenience of Online Banking to you free. Revised April 19, 2013