TERMS AND CONDITIONS ELECTRONIC BANKING AGREEMENT

1. What this Agreement Covers. This Electronic Banking Agreement ("Agreement") between the undersigned depositor(s) ("you" and "your") and FARMERS STATE BANK ("we", "us" and "our") governs your access to and use of the FARMERS STATE BANK Electronic Banking System, a system that permits customers to access certain banking services using a telephone ("Telephone Banking") or the Online ("Online Banking") (collectively, "Electronic Banking"). By signing this Agreement, you: (a) confirm your application for an Electronic Banking Access Number ("Access Number") for use with Telephone Banking and a user identification number ("User ID") for use with Internet Banking; and (b) agree that all Electronic Banking access to and activity on your account(s) and the account(s) for which you have signatory authority (collectively, "Designated Accounts") shall be undertaken subject to the terms and conditions of this Agreement, provided that use of Electronic Banking shall not be deemed to modify your other agreements with us governing account relationships. You agree to review any updates to these Terms and Conditions that we may provide from time to time.
2. Maintaining Confidentiality of PIN and User Password. In connection with your use of Telephone Banking, you will choose a personal identification number ("PIN") which, in conjunction with the Access Number, is needed to access the Designated Accounts via Telephone Banking. You agree not to give the Access Number or PIN to any person not authorized to access the Designated Accounts and to otherwise keep the Access Number and PIN confidential, and agree to accept all liability that legally can be imposed on you for each use of the Access Number and PIN, whether or not authorized by you. Please refer to Section 11 for information regarding your ability to limit your responsibility for unauthorized transfers. In connection with your use of Internet Banking, you will choose a personal password ("User Password") which, in conjunction with the User ID, is needed to access the Designated Accounts via Internet Banking. You agree not to give the User ID or User Password to any person not authorized to access the Designated Accounts and to otherwise keep the User ID and User Password confidential, and agree to accept all liability that legally can be imposed on you for each use of the User ID and User Password, whether or not authorized by you. Please refer to Section 11 for information regarding your ability to limit your responsibility for unauthorized transfers.
3. Accessing Electronic Banking. You may access Electronic Banking using either telephone or the Internet. You shall be solely responsible for obtaining, installing, maintaining and operating all computer hardware and software, and for obtaining all services (including telephone and Internet access services) ("Access Services"), necessary for accessing and using Electronic Banking. You shall be responsible for all Access Services charges. To use the Internet Banking service, you must have a IBM Compatible personal computer with a minimum of 32 MB RAM, an e-mail address, and an Internet connection and use one of the following browsers: Microsoft's Internet Explorer 5.5 with Service Pack 2 or higher or Netscape Communicator 4.48 or higher. If you elect to receive notices and periodic statements from us electronically, you will need the current version of Adobe Acrobat Reader . Installation, maintenance, and operation of your computer and its software are your responsibility. We are not responsible for any errors or failures from any malfunction of your computer or its software, and we are not responsible for any computer virus, malware, spyware, adware or related problems that may be associated with your use of the Internet Banking service.
4. Your Instructions. You authorize us to carry out instructions given to us through Electronic Banking as if those instructions were written orders bearing your signature. We shall be responsible for acting only on those instructions sent through Electronic Banking which are actually received, and neither we nor any agent or independent contractor we may involve in the provision of Electronic Banking services ("Service Providers") assumes any responsibility for malfunctions in communications facilities or equipment not under our or our Service Providers' control that may affect the accuracy or timeliness of instructions you send. Neither we nor our Service Providers shall be responsible for any losses, errors, failures or delays in the transmission of instructions caused by the malfunction or failure of your hardware or software, arising out of the use of any Access Services or relating in any way to any computer virus. Neither we nor our Service Providers shall be responsible if you give incorrect or untimely instructions.
5. Electronic Banking Services. You may use Electronic Banking to access a variety of banking services. You may: (a) transfer funds between Designated Accounts whenever you request; (b) obtain current balance and other deposit account information; (c) obtain loan account information; and (d) make payments from a Designated Account to any credit line you may have with us. Using our Internet Banking services, you may also download account statements and notices. When you instruct us to transfer funds between Designated Accounts, you authorize us to withdraw the necessary funds from the specified Designated Account. Transfers will occur on the day you make your request. We reserve the right not to make transfers which would exceed the balance of collected funds in the Designated Account from which the funds are being transferred. Subject to our FUNDS AVAILABILITY DISCLOSURE, transfers initiated or scheduled on days which are not business days and same-day transfers initiated after 2:00 p.m. Central Time will be processed on the next business day. You agree that we and our Service Providers have no responsibility or liability for any damages, expenses, charges or liabilities which may occur as a result of any failure, delay or omission on the part of us or our Service Providers, except as may be imposed by law.
6. Limitations on Frequency of Transfers. You acknowledge that if any of the Designated Accounts are Money Market or savings accounts, federal regulation generally permits a maximum of six (6) fund transfers from such accounts per calendar month or statement cycle of at least four (4) weeks. If you violate these limitations, federal regulation would require us to stop paying interest on these accounts or to close them.
7. Fees. There are currently no transaction fees or monthly service charges for using Electronic Banking. If, in the future, we begin charging fees for using Electronic Banking, you will be notified as required by applicable law. You are still responsible for any fees or charges for underlying banking services as specified in our fee schedules, as amended from time to time. Any such fees or charges will be debited to the Designated Account you specified on the application.
8. Termination; Amendments and Changes in Fees. This Agreement shall remain in effect until it is terminated by you or us. You may terminate this Agreement at any time by notifying us in writing at FARMERS STATE BANK, P.O. BOX 158, BLUE MOUND, KS 66010. You agree that we may limit, suspend or discontinue Electronic Banking services, in whole or in part, or terminate this Agreement at any time for any reason without prior notice. You further understand and agree that we may from time to time at our option change the Electronic Banking services or amend the terms of this Agreement, including fees charged for using Electronic Banking. You will be notified of any such changes or amendments as required by applicable law and agree that, by using Electronic Banking after a change or amendment becomes effective, you shall be deemed to have agreed to the change or amendment. Termination of this Agreement shall not terminate your account relationship or other agreements with us.
9. Confidentiality. We may disclose information to third parties about the Designated Accounts or the transfers you make: (a) where it is necessary for completing transfers; (b) in order to verify the existence and condition of the Designated Accounts for a third party, such as a credit bureau or merchant; (c) in order to comply with government agency or court orders; or (d) if you give us your written permission. Data transferred via the Internet Banking system is encrypted in an effort to provide transmission security, so that the electronic transmissions can be appropriately identified or authenticated by each other. We will authenticate your by means of your Access Number and PIN for Telephone Banking services and your User ID and User Password for Internet Banking services. You agree that electronic communications validated by these means will be given the same legal authority as written communications. 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 e-mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers using the Internet Banking system or regular e-mail transmitted to and from us, will not be monitored or read by others. As a result, we will not send and we strongly suggest that you do not send us any confidential account information in the form of a personal e-mail message to our attention. You agree that these procedures provide a commercially reasonable degree of protection in light of your particular needs and circumstances.
10. Reliability of Information; System Downtime. Any information furnished by us and our Service Providers is believed to be reliable but is not guaranteed. Neither we nor our Service Providers shall be liable for any deficiencies in such information or for any decision made using this information. Although we strive to ensure full performance of Electronic Banking, neither we nor our Service Providers shall be liable for any losses resulting from your inability to access Electronic Banking due to system downtime: (a) caused by circumstances beyond our reasonable control; or (b) due to necessary maintenance, system upgrading or similar circumstances. Please refer to Section 13 for information regarding our liability for failure to make transfers.
11. Consumer Liability. Please tell us AT ONCE if you believe your Access Number, PIN, User ID or User Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You are responsible for all transfers you or your authorized representative makes using the Electronic Banking services. You authorize us to debit your Designated Accounts for any transactions accomplished through the use of the Electronic Banking services. You agree that transfer instructions may be entered by any one person who is authorized to conduct such transactions, not withstanding any provision contained in other documentation governing the account purporting to require more than one signature on items withdrawing funds from the account. If you permit another person to use the Electronic Banking services or give them your Access Number and PIN or User ID and User Password, you are responsible for payments, transfers, or advances that person makes from the Designated Accounts even if that person exceeds your authorization.
12. Contact in Event of Unauthorized Transfer. If you believe your Access Number, PIN, User ID or User Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, notify us in person, call us at (913) 756-2221 or write to us at FARMERS STATE BANK, P.O. BOX 158, BLUE MOUND, KS 66010. Our representatives are available to assist you Monday through Friday from 8:00 a.m. to 4:00 p.m. Central time. You should not rely on e-mail if you need to communicate with us immediately (for example, to report the loss, theft or unauthorized use of your password or an unauthorized transaction from your Designated Accounts).
13. Our Liability for Failure to Make Transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreements with you, we can be liable for your losses or damages. However, there are several exceptions. For example, without limiting such exceptions, we will not be liable: (a) if, through no fault of ours, you do not have enough money in your account to make the transfer; or (b) if your funds are subject to legal process or other encumbrance restricting such transfer; or (c) if the transfer would go over the credit limit on any overdraft line; or (d) if the Electronic Banking system was not working properly and you knew about the breakdown when you started the transfer; or (e) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; or (f) there may be other exceptions stated in our agreements with you. EXCEPT AS OTHERWISE PROVIDED ABOVE, NEITHER WE NOR OUR SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, ARISING IN CONNECTION WITH ELECTRONIC BANKING. NEITHER WE NOR OUR SERVICE PROVIDERS MAKE ANY WARRANTIES UNDER THIS AGREEMENT OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, CONCERNING ELECTRONIC BANKING INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. Consent To Electronic Delivery Of Notices. If you subscribe to Internet Banking Services, 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 funds transfers disclosures, or periodic account statements may be made electronically by posting the notice on our web site or by e-mail. Any such e-mail or posting on our web site will be considered received by you within three (3) calendar days of the date sent by us, regardless of whether or not you login to the Internet Banking service within that time frame. You must provide a valid e-mail address for notification that your periodic statement is ready for retrieval. You agree to notify us immediately of any change in your e-mail address. You also have the following rights: (1) to right to receive any current or future disclosures in a paper format upon request; and (2) the right to withdraw consent to have records provided electronically. If you choose to exercise any of these rights, you must contact us by any of the methods stated in the section 12.
15. Severability; Governing Law. In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. This Agreement shall be governed by the applicable federal law and the applicable substantive laws of the State of Kansas (exclusive of any conflict of laws rules of the State of Kansas which may result in the application of the substantive laws of another jurisdiction).