Georgia Commerce Personal Internet Banking Agreement

Introduction
This Online Banking agreement for accessing your personal accounts via Georgia Commerce Bank's Internet Banking Service explains the terms and conditions which govern the following services:

• Account Inquires • Account Transfers

By using the online financial services provided by Georgia Commerce Bank, you agree to abide by the terms and conditions of this agreement. All applicable federal laws and regulations will govern this agreement. In the event that no federal law applies, laws and regulations effective in the State of Georgia will govern the agreement.

The term “business day” refers to every day except Saturday, Sunday and federal banking holidays.

Accessing Your Accounts

In order to activate your Internet Banking Service, you must have at least one account with Georgia Commerce Bank. As a customer of Georgia Commerce Bank, you may access your accounts by selecting and using an online password (PIN). You should keep your online password (PIN) in a secure location. Any person having access to your online password (PIN) will be able to access the Internet Banking Service and perform all transactions, including reviewing account information and making transfers to other accounts which have mutual ownership.

You will be issued a password that will allow you to log on to Georgia Commerce Bank;s Internet Banking Service. The first time you log into the online system, you will be required to change the assigned password and choose a password known only to you. The password must contain a minimum of 6 characters in length with a maximum of 10 characters. The user can change the password through the Online Banking Service at any time, and occasional password changes are recommended.

If you suspect that an unauthorized person has access to your password, please contact us immediately:

•	Monday through Friday, 9 a.m. to 5p.m. call your local branch and discuss with an account representative

There are no monthly fees for viewing accounts through the Internet Banking service.

You may use your personal computer to:

•	View account balances and transactions history
•	Transfer funds from checking and savings accounts into:

o	Other Georgia Commerce Bank checking and savings accounts, which belong to you
o	Loan accounts

Other services may be added to the Internet Banking service at Georgia Commerce Bank and will be communicated to our customers as the additions are made.

Terms and Conditions

The first time you access any of your accounts through the Internet Banking service at Georgia Commerce Bank, you confirm your agreement to abide by all the terms and conditions of this Online Agreement, and acknowledge your receipt and understanding of this disclosure.

Georgia Commerce Bank reserves the right to cancel your online service at any time without notice due to insufficient funds in one or more of your accounts. After cancellation, service may be reinstated at the discretion of the bank provided that funds are available to cover the cost of any fees and/or pending transfers. To reinstate your service, contact your local branch.

If you do not access your accounts via the Internet Banking Service at Georgia Commerce Bank for any three-month period, Georgia Commerce Bank reserves the right to disconnect your service. (See paragraph above for reinstatement of service information.)

You agree to be responsible for any telephone charges that you incur by accessing your accounts via the Internet Banking service at Georgia Commerce Bank.
If you wish to cancel any of your Internet Banking services, please contact local branch.

Hours of Accessibility

You may access Internet Banking at Georgia Commerce Bank seven days a week, 24 hours per day. Necessary system maintenance will be scheduled for hours during which system traffic is normally at a minimum. If the system is unavailable due to an unanticipated problem, you may use the Georgia Commerce Telephone Banking system, or a branch office to conduct your transactions.

Additional Terms

•	Balance Information – You may access any eligible Georgia Commerce Bank account on which you are an owner to receive transaction history and balance information. The balance and account history will show the current balance of the account, including any transactions conducted prior to the inquiry. In process, returns due to non-sufficient funds or stop payments may not be reflected in the inquiry
•	Transaction Sessions – Each customer banking session will be unlimited. Fifteen minutes of inactivity will require you to login again

We reserve the right to change the fees, charges or other terms outlined in the agreement. We will notify you 30 days prior to implementation of changes, either by written notice or e-mail, and will also update this agreement, if the changes to this agreement are more restrictive than those stated in the agreement, or increase your responsibility for unauthorized transactions. In the event that a change is necessary to ensure the security of the online system, an immediate change may be necessary, and we will notify you within 30 days after the change is made by electronic or written notice. You may choose to accept or decline changes by continuing or discontinuing the service to which the changes relate. We reserve the option to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Account Disclosure.

Disclosure of Account Information

You authorize Georgia Commerce Bank and any affiliates, such as independent auditors, consultants or attorneys, information you have provided about your accounts and the transfers you make:

•	To comply with government agency request or court orders
•	To verify the existence and condition of your account to a third party, such as a credit bureau or merchant
•	To provide services relating to your account or to offer other products and services
•	To other entities if you give us permission

Consumer Rights and Responsibilities

In addition to this Agreement, you agree to be bound by and comply with the Account Agreement and Account Disclosure, the rules and regulations of the electronic transfer system, and state and federal laws and regulations. You, the consumer, are responsible for keeping your PIN and account data confidential. We are entitled to act on transaction instructions received using your PIN, and you agree that the use of your PIN will have the same effect as your signature, authorizing the transaction(s). If you authorize other persons to use your PIN in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization, changed your PIN, and that you are responsible for any transactions made by such persons until such time as we receive and have time to act upon the notification that transfers by that person, or instructions regarding your accounts, are no longer authorized.

The Bank reserves the right to terminate this Agreement and your access to the Internet Banking service in whole or in part, at any time.

The Bank may assign certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

Unauthorized Transactions

You must notify us immediately if you suspect that another person has improperly obtained use of your online password. You must also notify us if someone has transferred or may transfer money from your bank account without your permission, or if you suspect any fraudulent activity related to your account. You should reveal your account number only to legitimate entities for purposes you authorize, such as automatic payments to your insurance company. To notify us, call your local branch.

Federal law requires that if you believe your online password has been lost, stolen or compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your online password without your permission.

Please tell us AT ONCE if you believe your PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you do not notify us promptly, it is possible that you could lose all the money in your Account, plus any maximum overdraft line of credit. To notify us, call your local branch.

If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.

If your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty- (60) days. If extenuating circumstances, such as a long trip or hospital stay, kept you from telling us, the time periods in this section may be extended.

Error Resolution

If you believe that there is an error regarding your account in conjunction with Georgia Commerce Bank’s Internet Banking it should be handled as follows:

•	Call your local branch and tell a representative about the problem
•	Write a letter, mail it to Georgia Commerce Bank, 3625 Cumberland Blvd. Building Two, Atlanta, GA 30339, and tell us the details of the problem

We must hear from you no later than later than sixty (60) days after we send the paper statement or electronic statement on which the problem or error in question occurred. If you notify us verbally, we will require that you send us your problem in writing within 10 business days.

When you write us about your problem, please:

•	Include your name and account number(s)
•	Describe the error or transaction in question, and explain why you believe it to be an error
•	Tell us the dollar amount of the suspected error

We will tell you the results of our investigation within 10 business days after we hear from you if your account has been opened for more than 30 days (within 20 days for new accounts). If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (or 20 days on new accounts) 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 within 10 business days, we do not need to credit your account while we complete our investigation. If we determine that there was no error your account will not be credited and we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents used in our investigation.

If we do not complete a transfer to or from your Bank account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable:

•	If, through no fault of ours, you do not have enough money in your account to make a transfer
•	If a legal order directs us to prohibit withdrawals from the account
•	If your account is closed or if it has been frozen
•	If a hold has been placed on your account for uncollected funds
•	If the transfer or payment would cause the account to become overdrawn beyond the balance of the account plus any overdraft protection
•	If you, or anyone you allow, commits fraud or violates and law or regulation
•	If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly
•	If circumstances beyond our control (such as fire, flood, improper transmission) despite reasonable precautions taken by us
•	If you, or anyone you allow, supply any incorrect information, which affects said transaction

Stop pays

Stop pays will be processed same day as long as they are received before 4 pm. EST. There is a $28.00 fee that will be automatically accessed to your account. We Will NOT be liable:

•	If you, or anyone you allow, supply any incorrect information, which affects said transaction
•	If circumstances beyond our control (such as fire, flood, improper transmission) despite reasonable precautions taken by us
•	If any electronic terminal, telecommunication device or any part of the electronic system is not working properly

LIMTATIONS ON BANK LIABILITY

We will not be responsible for the following incidents, errors or failures:

Access

We will not be responsible for failure to provide access to Internet Banking at Georgia Commerce Bank due to a system failure or due to other unforeseen acts or circumstances.

Your Computer Equipment or Software

We will not be responsible for any errors or failures from a malfunction of your computer or any computer virus or other problems related to your computer equipment used with the Internet Banking service.

We are not responsible for any error, damages or other losses you may suffer due to the malfunction or misapplication of any system you use, including your browser (Microsoft Explorer®, Netscape Navigator®, or otherwise), your Internet service provider (ISP), your personal financial management or other software, (such as Quicken®, or Microsoft Money®), or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with Georgia Commerce Bank.

Electronic Notice

With your consent, we may send notices to you by electronic mail (e-mail). You may use e-mail to contact us about inquiries, maintenance, and/or some problem resolution issues. E-mail may not be a secure method of communication. We therefore recommend that you do not send confidential, personal or financial information by e-mail. There may be times when you need to speak with someone immediately, especially to report a lost or stolen PIN. In these cases, do not use e-mail. Instead, call your local branch.

Warranty and software Limitations

NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE (OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS), UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.

Ownership of Website

The content, information and offerings on our website are owned by Georgia Commerce Bank, and the unauthorized use, reproduction, linking or distributions of any portions are strictly prohibited.

Geographic Restrictions

Georgia Commerce Bank services described in this Agreement and any application for consumer credit, and/or deposit services available at our website are solely offered to citizens and residents of the United States of America currently residing in the United States. Citizens and residents may not be able to access Georgia Commerce Bank services outside the United States.

Scope of Agreement

This Agreement represents our complete agreement with you relating to our provision of the Internet Banking services at Georgia Commerce Bank. No other statement, oral or written, including language contained in our website, unless otherwise noted, is part of this agreement.