Access Agreement

This Online Access Agreement (“Access Agreement”) for accessing your Fulton Savings Bank accounts through Express Online Banking explains the terms and conditions governing the Online banking services and bill pay offered through Express Online Banking. By using the Express Online Banking Services, you agree to the terms and conditions of this Access Agreement. This Express Online Access Agreement will be governed by and interpreted in accordance with Federal law and regulation, and to the extent there is no applicable Federal law or regulation, by the laws of the State of New York. The terms “we,” “us,” “our,” “Fulton Savings Bank,” and “Bank” refer to Fulton Savings Bank. “You” refers to each signer on an account. The term “business days” means Monday through Friday, excluding Saturday, Sunday and Federal holidays.Express Online Banking can be used to access Fulton Savings Bank accounts. Each of your Fulton Savings Bank accounts is also governed by the applicable account disclosure statements (“Account and Service Agreement”).

Requirements
To access your accounts through Express Online Banking, you must have a Fulton Savings Bank account, a log in ID and an online password.A Business, Corporation, LLC, Organization, Estate, and some Trusts must be operating under a federal tax identification number to have access to these accounts. Some DBA’s may be the owner’s Social Security Number to have access to these accounts.

Secure Instant Access
Upon enrollment, you will be prompted to set up a user Id and password. Before you use the service, you should read this Agreement and any other instructions we may send you. This password can be changed within Express Online Banking .Fulton Savings Bank will act on instructions received under your password. For security purposes, it is recommended that you memorize this online password and do not write it down. You are responsible for keeping your password, account numbers and other account data confidential.

To receive an electronic copy of the required disclosures, you must have the following equipment and software:

• A personal computer with 1.3 GHz or faster processor that is capable of accessing the Internet.
• A current version of Windows or Mac OS, 1GB of ram, and 350MB of available hard disk space.
• You must have software that enables you to receive and access Portable Document Format (PDF) files, such as Adobe Acrobat Reader, which is available for free download at http://get.adobe.com/reader.Access to a printer or the ability to download information is necessary to obtain copies for your records.

It is your responsibility to provide us with true, accurate and complete information including your email address, contact information or any other information related to this disclosure and your account(s). If any of the information you provide to FSB changes, it is your responsibility to maintain and update your account information promptly by contacting us at 315-592-3159 or 315-592-3120.

FSB is pleased to provide you with online banking services (Express Online Banking) to meet your banking needs. This agreement contains the terms and conditions under which we will provide Express Online Banking to you. This agreement and disclosure statement contain the rules and regulations governing ‘Electronic Fund Transfers’ as they apply to your Express Online Banking service.This agreement is in addition to your other agreements with FSB, such as your Product and Account disclosure, the fee schedules, and any credit agreements you have with us. If there is a conflict between the terms and conditions of this agreement and one contained in the other agreements between you and us, this agreement will control.Federal and New York State law requires that consumers who make use of a bank’s EFT services receive the disclosures contained in this agreement before using the service. Use of Express Online Banking services as defined below are governed by the terms and conditions established and revised from time to time by the Bank and are outlined in this disclosure. Please read it carefully and print a copy to keep with your records.In this agreement, the terms “financial institution”, “bank”, “we”, “us”, “our”, and FSB refer to Fulton Savings Bank. The terms “you” or “your” refer to the person(s) or authorized signers on the account, authorized user (whether express or implied) or any individual issued a user ID and password. If you have any questions about these services, please call us at 315-592-3159 or 315-592-3120 and ask to speak with the Express Online Banking Department or stop by any FSB office.

Express Online Banking is available over the Internet using your password, user ID and your personal computer or mobile device to perform transactions noted in this disclosure. By clicking the “I Agree” button below you are agreeing to the terms and conditions of this agreement and disclosure and the electronic delivery of these disclosures. You are also agreeing that any communication from us to you, including any disclosures or other information required to be delivered in writing under applicable law, may be delivered to you in electronic form and that such electronic communication shall be in lieu of written communication. This includes electronic delivery of changes in terms notices affecting your use of Express Online Banking. You agree that the use of Express Online Banking with your user ID and password is your signature authorization for any payments or transfers or service requests accessible within this service. Each time you enter your user ID and password, you are authorizing us to process your request.

For the purpose of this agreement, our business days are Monday through Friday. Saturdays, Sundays, federal holidays or other days on which FSB remains closed are not business days.

In order to use Express Online Banking, you need the following:

• A personal computer with 1.3 GHz or faster processor that is capable of accessing the Internet.
• A current version of Windows or Mac OS, 1GB of ram, 350MB of available hard disk space.
• Software that enables you to receive and access PDF files, such as Adobe Acrobat Reader.

You may also access the service by utilizing a variety of mobile devices with an up-to-date operating system. Either method chosen requires a current Internet browser. You are responsible for the installation, maintenance, and security and monitoring of your own device. We are not responsible for any errors or failures caused by any malfunction of your device and we are not responsible for any virus or related problems that may be associated with the use of your device. You are also responsible for any telephone or data charges incurred in connecting to your Internet Service Provider (ISP) that gives you access to the Internet including Short Message Services (SMS), or what is commonly referred to as text messaging.

As the primary user, you are considered the administrator who is responsible for managing your Express Online Banking service. As administrator you will be granted access to all of the enrolled online banking accounts and services. The administrator, at his or her sole discretion, can create and authorize other individuals to act as a user of Express Online Banking by completing an Entitlement Request form. The administrator can add, delete or change the access authorities for a user including the accounts and services they are allowed to access and the dollar amount of the transactions they are allowed to process. Designating an authorized user provides access to Express Online Banking and does not change ownership or provide authorization to these users to transact on your behalf in any other manner (i.e. at a branch location).

By granting an individual access to your accounts as an authorized user with a user ID and password you expressly agree to take responsibility for all activity initiated by those individuals. In effect, you have authorized each transaction to take place as though you yourself have completed them and FSB will not be held liable for individual user actions. The administrator and each user that has been afforded the authority to access accounts through Express Online Banking will have a unique user ID and password. Your user ID and password are initially set by you and subsequently can only be changed by you. The user ID designated for an authorized user can be issued and changed only by you, the administrator. The password for an authorized user is initially set by you, the administrator, and subsequently changed by the authorized user at first logon.Generally, you should change your passwords frequently to help safeguard the security of your accounts. You may change your password under the Service Center Profile section. Bank employees will never contact you via e-mail or by telephone requesting your online password or any other personal information. If you are contacted by anyone requesting this information, do not provide it and contact the Express Online Banking Department immediately at 315-592-3159 or 315-592-3120.

It is critically important to keep your user IDs and passwords confidential to prevent unauthorized transactions on your bank accounts. In the event that you wish to change authorization (i.e. as a result of personal changes in your relationships, or for any other reasons) it is your sole responsibility to revoke access to protect against improper use of Express Online Banking by the individual(s) you have authorized.If you suspect any misuse of Express Online Banking by an authorized user you, the administrator, should revoke that individual’s access immediately and inform us AT ONCE if you believe your password and user ID have been compromised or may be compromised. You may contact us by calling 315-592-3159 or 315-592-3120 and speak with the Express Online Banking Department.

Express Online Banking Department’s hours are:

• Monday through Wednesday from 8:30 am until 4:30 pm
• Thursday from 8:30 am until 5:00 pm
• Friday from 8:30 am until 5:00 pm

If you prefer to contact via written correspondence address your envelope to: Fulton Savings Bank, 75 S First St, Fulton, NY 13069.

If your online password has been 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 to access a Fulton Savings Bank deposit account. 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.

Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us immediately. If you do not notify us within sixty (60) days after the 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 will be extended.

Questions or Error Correction on Express Online Banking Transactions:In case of questions or errors about Express Online Banking funds transfers through Express Online Banking involving your account, here is what you should do:

• E-mail expressonlinebanking@fultonsavings.com or;
• Telephone Fulton Savings Bank at 315-592-3159 or 315-592-3120 between the hours of 8:30 a.m. and 4:30 p.m. or;
• Write Fulton Savings Bank at 75 South First St., Fulton, NY 13069, as soon as you can if you think your statement or transaction record is wrong, or if you need more information about a transaction listed on the statement or transaction record, we must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared. If you notify us verbally, we will require that you send us your complaint or question in writing within ten (1O) business days.
• Tell us your name and account number
• Describe the error or the transaction you are unsure about, and explain why you believe it is in error or why you need more information.
• Tell us the dollar amount of the suspected error.
• For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, reference number, and payee account number for the payment in question.

Here’s what we’ll do:
We will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale purchases, after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, 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 ten (10) business days, we will not credit your account. If we determine that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation and debit the amount of the error that we previously credited. You may request copies of the documentation used to complete our investigation.

If we do not complete a transfer to or from your Fulton Savings 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, for instance:

• 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 the transfer would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts.
• If you, or anyone you allow, commits any fraud or violates any law or regulation.
• If any electronic terminal, telecommunication device or any part of the electronic fund transfers system is not working properly.
• If you have not provided us with complete and correct payment information, including without limitation the name, address, account number, and payment amount for the payee on a bill payment.
• If you have not properly followed the instructions for using Express Online Banking.
• If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the transfer, despite reasonable precautions taken by us.

You agree that the Bank may act on the electronic instructions of any of your authorized users.

You may access your checking, savings, certificate of deposit and loan types of accounts to get account balance and transaction information with Express Online Banking. You may conduct electronic banking transfers with an FSB checking account, Money Market account, Statement Savings, Passbook Savings and Certificate of Deposit accounts. Bill payment may be conducted with an FSB checking account or NOW account. You may also make payments to your FSB loan using the transfer service.

The Online Banking service may give you access to:

• Account Balance and Transaction Information: View balance and account activity.
• Account-to-Account Transfers: Transfer funds between your FSB Accounts.
• Person-to-Person Transfers (Unlinked): Transfer funds from your FSB account to another FSB customer account.
• Bank-to-Bank Transfers (External): Transfer funds to your accounts at another institution.
• Bill Payments: Pay bills to a third party via check or electronic transaction.
• E-Bills and E-Bill Presentment: Receive and view bills electronically from designated creditors or vendors that participate in e-Bill presentment programs and from which you authorize FSB to retrieve your e-Bill information.
• E-Documents (located under eDocuments tab): Access to your account statements/eBills online, review previous statements/eBills up to sixteen (16) months or from the first time you sign up for e-Documents, whichever is more recent.
• Stop Payment: Stop payment on a check that was written by you. To request a stop payment on an electronic bill payment, you will need to call FSB Customer Care or visit any branch office.
• Reorder Checks: Reorder the same style of checks you use today.
• Transfer Interest: Transfer interest earned to another FSB account.
• Account Alerts: Set up email and/or text alerts for certain events such as low balance notification.
• Deactivate/Reactivate Card: Control access to your debit or ATM card when your card is not in use or misplaced.
• Notify FSB of your Travel Plans: Inform the Bank to expect transactions from your travel destination. This will avoid your card being deactivated for what appears to be suspicious activity.
• Apply for a new Debit Card: Request to order a brand new card.
• Replace an ATM or Debit Card: In the event your card is damaged you may request to order a new card with the same card number.
• How can I change my PIN : Instructions on changing your ATM or debit card PIN number.
• Add or Remove Accounts from Express Online Banking: Request to add or remove accounts from your online banking service.
• Update/Change Contact Information: Change email address, home, mailing and seasonal address and phone number.
• Update/Change Security Information: Change user ID, password, personal image and security questions.
• Manage Authorized Users: Create and edit authorized users and online banking access.

Express Online Banking makes available other services, which may be changed or enhanced periodically and include:

• Spending/Budgeting: a personal financial management tool
• Communicate with Customer Care Representatives using secure messages
• Quicken: ability to export or import account information

The account information you access via Express Online Banking will generally be current as of the business day you obtain the information, unless another time is specified. Information on your bank account(s) is available for up to one year. You may view current and available account balances, transaction activity, check images, pending Automated Clearing House (ACH) and point-of-sale (POS) transactions for deposit and loan accounts that are enrolled in Express Online Banking.

Please Note:

• Your deposit account available balance includes your current balance minus any holds. Your available balance displayed does not include savings overdraft, unused reserve credit and assigned overdraft privilege limits.
• Your line of credit loan account available balance is the dollar amount you have available to draw on.

Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Fulton Savings Bank, OR by Internet browser providers such as Mozilla (Firefox browser), Google (Google Chrome) and Microsoft (Microsoft Internet Explorer browser), OR by Internet Service Providers OR by Online service providers OR by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance

of the equipment, software, the Online Financial Services, or Internet browser or access software.

Overdrafts: Order of Payments, Transfers, Other Withdrawals

 If your account has insufficient funds to perform all electronic funds transfers (ATM withdrawals, pre - authorized transactions, Express Online Banking transfers and bill payments, etc.) that you have requested for a given business day, then:

1. Certain electronic funds transfers involving currency disbursement, like ATM withdrawals, will have priority, and
2. The electronic funds transfers initiated through Express Online Banking may result in an overdraft of your account and may, at Fulton Savings Bank’s discretion, be canceled.

In addition, you will be charged the same overdraft charges that apply to your account.

You have the ability to set up a one time or recurring, monthly, quarterly or weekly transfer up to 365 days in the future. Transfer of funds is permitted between FSB checking accounts and statement type of saving accounts and to make loan payments.Transfers made after 8:00 pm on a weekend or federal holiday are posted on the next business day and are available for immediate use. However, sufficient funds must be available at the time of your request.If you wish to cancel a recurring transfer, you must cancel the transfer before 12:00 midnight the night before the scheduled initiation date that the transfer occurs. For example, a cancellation may occur at 11:59pm on January 1 if the payment is scheduled for January 2.If you schedule an immediate account-to-account or person-to-person transfer, you must have adequate available funds in your account at the time the transfer is initiated. The funds will be deducted from your account immediately.If you schedule a future-dated or recurring account-to-account transfer or person-to-person transfer you must have adequate available funds in your account when we attempt to transfer the funds. This will occur at 12:01 am on the scheduled date of transfer.

If a transfer fails because you did not have enough funds in the designated transfer account we will send you an email indicating a failed attempt and we will take no further action. If you receive an email because the transfer was not successful you should access Express Online Banking to reschedule the transfer.

This service transfers funds between your accounts held at Fulton Savings Bank. You are permitted to transfer between the following types of accounts:

• Checking account to checking account
• Checking account to a statement savings account
• Checking account to a passbook savings account
• Statement savings account to checking account
• Statement savings account to a statement savings account
• Statement savings account to a passbook savings account

Additionally, you are permitted to make payments from the following types of accounts:

• Checking to loan accounts held with FSB
• Statement savings to loan accounts held with FSB

This service allows for transfers from your Fulton Savings Bank accounts to another customer’s account held at Fulton Savings Bank. The customer you wish to transfer funds to must provide you with their name as it appears on their account and their account number to authorize the transfer of funds.

You are permitted to transfer between the following types of accounts:

• Checking account to another FSB customer’s checking account
• Checking account to another FSB customer’s statement or passbook savings account
• Statement savings to another FSB customer’s checking account
• Statement savings account to another FSB customer’s statement or passbook savings account

Any documentation provided to you that indicates that a person-to-person transfer was made, shall be admissible as evidence of such transfer and will effectively constitute prima facie proof that the transfer was made.

This service allows for transfers "from" your checking or statement savings accounts held at Fulton Savings Bank "to" another financial institution. Also, you may set up an External account at another financial institution to make a payment on your Fulton Savings Bank Loan account. Bank-to-bank transfers are accomplished by ACH debit and credits. Accounts maintained at the other financial institution must be either a checking or a savings account and must be in your name. You may set up a bank-to-bank transfer under the ‘Transfer Funds – Add External Bank to Bank Transfer’ screen. You must enter the other financial institution’s routing number and your checking or savings account number. In most cases, you may find this information at the bottom of a check or deposit slip. Within a few days, your account at the other financial institution will receive two small deposits which must be verified by you before the transfer service can be initiated.

When you originate External Transfers, you authorize Fulton Savings Bank and our service provider to initiate debit and credit entries, upon your instructions, to/from your Fulton Savings Bank account and your account at the financial institution(s) outside of Fulton Savings Bank that you designate, using the Automated Clearing House (ACH) or other payment transfer method. You agree and warrant to us that you will only originate External Transfers to or from accounts for which you have the authority to transfer funds, and that by disclosing information to us regarding those accounts to affect your transfers, you are not violating any third-party rights. Not all types of accounts may be eligible for External Transfers, so you should check with the financial institution for any restrictions on transfers.

To ensure your security, before you add an outside account for External Transfers, originate a new External Transfer, edit an existing periodic External Transfer or change your phone number through Express Online Banking, you will be required to authenticate who you are. When you add an external account for External Transfers, please contact the Express Online Banking Department at 315-592-3159 in order to verify your information and that you are legitimately making the request.  You will be asked to verify a microdeposit which will be system generated before you can transfer funds to/from the external account. If any transaction fails or is rejected, for security purposes we may decline your External Transfer request(s) and any or all other transactions, and we may close your account, with or without notice to you.

External Transfers may be originated on a single entry or recurring basis. One-time transfers may be scheduled immediately or scheduled for a future date. To ensure same day processing, you must schedule your External Transfer by 3:00 p.m. Eastern Time. A recurring transfer allows you to transfer a set amount at regular intervals. Your authorization for any recurring External Transfers will remain in full force and effect until you revoke it in such timely manner as to afford Fulton Savings Bank a reasonable opportunity to act on your direction.

One-time External Transfers cannot be scheduled to occur on a non-business day. Recurring External Transfers scheduled to occur on a non-business day will be processed on the next business day.

For the purpose of External Transfers, your account is considered a New Account for the first 30 days it is open, whether you are a new or existing customer of Fulton Savings Bank and we reserve the right to not allow you to add any external account(s) or originate any external transfers within the first 30 days.

When you initiate an External Transfer from your account outside of Fulton Savings Bank to your Fulton Savings Bank Loan account, you are initiating an ACH debit transfer “from” your external account at another Financial Institution and a corresponding credit to your Fulton Savings Bank Loan account.

Transfer of funds between your accounts at another financial institution will generally be received no more than two (2) business days following the scheduled processing date.

For one-time bank-to-bank transfers, you must initiate the transfer before 3:00 pm for same day processing. One-time bank-to-bank transfers scheduled after 3:00 pm or on a weekend will be initiated the next business day. Only available funds may be transferred. Funds from bank-to-bank transfers will be available for your use as soon as we receive the funds.

We reserve the right to change your External Transfer dollar limit at any time. If we decrease the dollar limit, we will notify you as required by law, but we may not notify you if we are restricting your transfer limits for security purposes or because of excessive overdrafts to your Fulton Savings Bank account.

For security reasons, the Bank has established limits on the amount of funds that can be transferred via External Transfers.

The following transaction limits will apply:

Your stop payment requests must follow the procedures and specifications established by the Bank. You must provide us with timely, complete and accurate information on the following:

• The number of the account against which the item is drawn
• The check number
• The exact amount (dollars and cents) of the item
• The name of the payee
• The reason for the stop payment

Complete accuracy is essential since stop payment orders are processed by computers operating on the basis of precise data. If any of the required information is incomplete or incorrect your stop payment order may not be processed and we will not be responsible for failing to complete the order. However, if all terms and conditions have been satisfied and we fail to process a stop payment order of a preauthorized transfer from your account, we may be liable.

Stop payment requests, which cover a range of checks that are missing or stolen, may be processed by us without regard to the dollar amount. A stop payment order becomes effective when we confirm its receipt and have verified that the item has not been paid. We will not be able to verify this immediately for items paid more than 180 days prior to your request. Stop payment orders are in effect for six (6) months and can be renewed after the six (6) month period upon your written request. Failure to renew the stop payment order may result in the item being paid. Periodically, our systems may be inoperable. If that occurs, you may transmit stop payment orders by telephone instruction. You are advised that under applicable state law, stopping payment on a check may not relieve you of your obligation to pay the check.

This service is designed to provide real time notification of important information related to you FSB account(s) such as a low balance or the occurrence of an overdraft. If you subscribe to our alert service you will be asked to select either email or text messaging (SMS) as a method of delivery. You are responsible for any telephone or data charges incurred in connecting to your ISP that gives you access to this alert service including SMS services.We do our best to provide alerts in a timely manner with accurate information, but alerts may be delayed or prevented by a variety of factors beyond our control such as system failures or misdirected delivery. We don’t guarantee the delivery or accuracy of alerts and the contents of an alert may be outdated by the time the alert is sent or received resulting from other account activity or delays in sending data among various systems. You agree to keep your alert contact methods up to date and accurate and further agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert or for any actions taken or not taken by you or a third party as the result of an alert.

Fulton Savings Bank reserves the right to terminate any request for any alert at any time.You understand and accept that alerts are not encrypted and while we will never include your password or full account number in the alert, we may include limited information about your account and anyone with access to your alerts will be able to view the contents of these messages.

If you have chosen this option, you may make payments from a checking account(s) that you have designated for bill payment. Your payments will be made either electronically to the person or business you are paying (“payee”) or by sending the payee a paper check.The Bill Payment system will show a “Send On” date and a “Deliver By” date of the payment when you select the calendar. It is advised that you schedule payments in advance to ensure that the “Deliver By” date is on or before the payment due date. While most payees can be paid by using the bill payment feature, we reserve the right to refuse to pay certain payees. You agree that payment transactions executed through an automated clearinghouse will be subject to the rules of the National Automated Clearinghouse Association (NACHA).

When scheduling a bill payment, note the difference between the “Send On” date and the “Deliver By” date; the “Send On” date is the date we will attempt to deduct the payment amount from your designated account. If the attempted deduction fails because you did not have enough funds in your primary account, we will send you an email indicating this situation. If the second attempted deduction is not successful, the transaction will be cancelled and you will be responsible for rescheduling. If the second attempted deduction is successful, the payment will be processed and remitted to the payee, however the “Deliver By” date will be one business day later. If you receive an email because the first attempted deduction was not successful, you should access Express Online Banking to determine the date of the second deduction attempt.If you schedule a payment with the “Send On” date as the current date, you must have adequate available funds in your account at the time the payment is scheduled. The funds will be deducted immediately. If you schedule a payment with the “Send On” date in the future, there must be adequate available funds in your account when we attempt the deduction. This can occur anytime between 12:01 am and 3:00 pm EST of the “Send On” date.The “Deliver By” date is the date that you can expect the payee to receive your payment. The “Deliver By” date for your payment should be no later than the due date the payee has indicated for the payment.

Express Online Bill Pay has a per transaction limit up to $10,000.00 or your available account balance, whichever is less.

We may cancel a bill payment if we have reasonable belief that the payment is fraudulent. If we cancel a payment, we will attempt to contact you to inform you of this action. You may cancel an outstanding bill payment at any time through Express Online Banking. “Future” and “Recurring” bill payments may be cancelled or changed up until 12:00 midnight of the night before the “Send On” date of the transaction.

The service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the following guidelines:

If a properly scheduled payment is not received and posted on time by the payee, we will attempt to have any late fees or assessed finance charges removed. Note that finance charges are calculated based on your payment amount rather than your entire balance. If the payee is unwilling or unable to remove the charges incurred, we will pay the fees and finance charges directly to the payee. In addition, we will attempt to have your account noted appropriately to ensure that the situation does not negatively impact your credit rating.

• The payment was scheduled to be delivered on or before the due date of your bill, excluding any grace periods.
• Exception: Mortgage payments may be scheduled so that the payment is sent on or before the due date, excluding grace periods. For example, a mortgage payment due on July 1st, with a 15 day grace period must have a “Send On” date no later than July 1st.
• The payment amount did not exceed the $10,000.00 transaction limit.
• The information supplied by you was correct (i.e. the payee name and address, your name and account number as it appears on the payee’s records).
• The payments did not fail due to insufficient funds or other reasons.

NOTE THAT HIGH RISK BILL PAYMENTS ARE NOT COVERED BY OUR PAYMENT GUARANTEE.

You may use the Bill Pay service to process payments to the following payees. High risk payees include:

• Payments to payees located in the Armed Forces Postal Codes such as AE & AP
• Payments to settle securities transactions
• Payments to payoff special or delayed financing for purchases
• Payments to credit counseling agencies who pay creditors on your behalf
• Payments to payees outside of the United States
• Court-ordered payments such as alimony, child support, speeding tickets, etc.
• Tax entities
• Collection agencies

The Online Banking site is optimized for mobile users and deploys the same security included in the Online Banking full site. The analytics that poses challenge questions, extra challenge questions and Risk Based Authentication (RBA) questions still apply. The User ID and Password are the same as the users online banking User ID and Password.

Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us.Mobile Banking allows you to access your Bank account information, make payments to payees, transfer funds and conduct other banking transactions. To utilize Mobile Banking services, you must be enrolled in Online Banking. We reserve the right to limit the types and numbers of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We may also reserve the right to modify the scope of the Service at any time.Mobile Banking may not be accessible or may have limited service over some network carriers. Mobile Banking may also not be supported by all devices. Fulton Savings Bank cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of network” issues.We make no representation that any content or use of Mobile Banking is available in locations outside the United States. Accessing Mobile Banking from locations outside the United States is at your own risk.

Use of Mobile Banking Service
We may modify the Service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your device and we will not be liable to you for any losses caused by your failure to properly use the Service or your device.

Other Mobile Banking Agreements
You agree that, when you use Mobile Banking, you remain subject to the terms and conditions set forth in our existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that the Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider). You also agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services and you also agree to resolve any issues or problems with your provider directly with the provider without involving us. You agree to review your account disclosures carefully, as they may include transaction limitations and fees which may apply to your use of Mobile Banking.

Limits on Transactions
There are no limits on the number or types of transactions, however the bank may have limits on the dollar amounts associated with certain transfers and deposits that you may process through Online Banking, The system will notify you if you have reached any of these dollar limits. For savings and money market accounts you may make up to six transfers or withdrawals by means of a preauthorized, automatic, or telephonic transfer to another account of yours or to a third party or by check, debit card, bill pay or Expedited Bill Payment Service electronic transfer or similar order to a third party during any calendar month (or statement cycle of at least four weeks). A preauthorized transfer includes any arrangement with us to pay a third party from your account at (i) a predetermined time; (ii) on a fixed schedule or (iii) upon oral or written orders including orders received through the automated clearing house (ACH). If the transfer or withdrawal is initiated in person, by mail, or at an ATM then there is no limit on the number of payments that may be made directly to you, directly to us for amounts you owe us, or transfers to other accounts you have with us.

UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS. THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES (SUCH AS DEBIT CARD AND EXPRESS ONLINE BANKING) UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.If you told us in advance to make a regular payment to a third party out of your account, you can stop these payments by calling FSB at 315-592-3159 or 315-592-3120 to speak with the Express Online Banking Department Monday through Wednesday between the hours of 8:30 am and 4:30 pm; Thursday between 8:30 am and 5:00 pm; Friday between 8:30 am and 5:00 pm.

If you prefer to send written correspondence, the address is Fulton Savings Bank, 75 S First St, Fulton, NY 13069.We must receive your request at least three (3) business days before the payment is scheduled to be made. We will charge you our standard checking account stop payment fee in effect at the time you stop payment. Refer to our separate fee schedule for the amount we will charge you for each stop payment order you request. The initiation by you of certain electronic fund transfers from your account will, except as otherwise provided in this agreement, effectively eliminate your ability to stop payment of the transfer. If you order us to stop one of these payments at least three (3) business days before the transfer is scheduled and we fail to do so, we will be liable for your losses or damages.

If we do not complete a transfer to or from your account or a payment on time or in the correct amount according to your instructions and in accordance with this agreement and disclosure, we will be liable for limited losses or damages. However, we will not be liable in the following situations:

• Any other specific exceptions stated in our agreement with you and/or listed below
• The payment or transfer is to a high risk payee as defined above
• If, through no fault of ours, your account has insufficient funds to make the transfer or payment
• If the transfer or payment will exceed the credit limit for your Line of Credit Account
• If the system was not working properly and you knew or had reason to know about the break-down when you started the transfer or payment
• If circumstances beyond our control (such as fire and flood) prevent the transfer or payment, despite reasonable precautions taken
• If the funds are subject to legal process or other encumbrance restricting such transfer or payment
• If an electronic branch has insufficient cash to complete your transaction
• If we have a reasonable basis for believing that an unauthorized use of your user ID and/or password, or designated account have occurred or may be occurring or if you default under any agreement with us or if you or the Bank terminates this agreement
• The payee does not process a payment correctly or in a timely manner
• If you negligently or intentionally share your user ID and password, or you do not report immediately any known theft of your user ID and/or password, leading to unauthorized access to accounts
• If your computer or mobile device is compromised, leading to unauthorized access to accounts
• If you leave your device unattended in the middle of a banking session and that results in unauthorized access to your account(s)
• If you do not sign-off after completing your banking session
• If your input error is the cause of a problem
• If there are postal delays that result in a payee not crediting your payment promptly
• For direct, indirect, incidental, special, consequential, economic or other damages arising out of the use of Express Online Banking, including the Bill Payment service
• For loss, property damage or bodily injury, whether caused by the equipment, software, Bank, Internet browser or Internet access provider
• There may be other exceptions stated in our other agreements with you, or that may occur unforeseeably

Confirmation Numbers: Upon completion of a bill payment using Express Online Banking, you will be given a confirmation number. You should record this number, along with the payee, scheduled date and transaction amount in your checkbook register (or other permanent record), because this will help in resolving any problems that may occur. No printed receipts are issued through Express Online Banking.Periodic Account Statement: You will get a monthly account statement from Fulton Savings Bank for your checking, Money Market and statement savings accounts. Any transfers or bill payments conducted on the Internet through the Express Online Banking service will appear on your account statement.

If an overdraft in your account does occur, you will pay the full amount of the overdraft and associated fees to Fulton Savings Bank immediately upon request. This paragraph does not apply to Line of Credit Accounts; see the following paragraph for details on Line of Credit Accounts.

If you use Express Online Banking to withdraw or transfer money from your account, and the withdrawal or transfer creates an overdraft in your account, a loan will be made to you in accordance with your Line of Credit Agreement to cover the amount of the overdraft, provided that there is enough left of your Line of Credit maximum credit limit under your Line of Credit Note to cover the amount of the overdraft. Using your user ID and password to make a withdrawal or transfer when there is not enough money in your account to cover the withdrawal or transfer is a written order by you requesting the loan. Except to make these loans, you agree that you will not use your user ID and password to overdraw your account. If an overdraft in your account does occur, you will pay the full amount of the overdraft to the Bank immediately upon request.

Please refer to a separate Fee Schedule for additional information about Express Online Banking and other fees.If you have an FSB Line of Credit, you will be assessed a finance charge on any cash advance made on your credit line as provided in your Line of Credit Note you signed when you opened your Line of Credit. These charges are subject to change by us. Your deposit account(s) may be subject to certain minimum balance requirements to avoid monthly maintenance charges. For details, see the Truth in Savings disclosures given to you when you opened your account or you may receive an additional copy by contacting us directly.

In the event you need to provide us with notification, is should be addressed to: Fulton Savings Bank, 75 S First St, Fulton NY 13069.In the event the Bank needs to provide you with a notice, the notice shall be deemed delivered once we have mailed it to your last known address in our records.

If you do not use Express Online Banking (either account access or bill paying) for an extended period, we reserve the right to terminate your access to Express Online Banking and request that you re-register online to reactivate this service.

Internet email communication is not considered to be a secure form of communication. For bank account inquiries you agree to contact FSB electronically using only the secure messaging feature within Express Online Banking. You also agree that any communication from us to you regarding your online banking accounts including any disclosures or other information required to be delivered in writing under applicable law may be delivered to you in electronic form and that such electronic communication shall be in lieu of written communication. This includes electronic delivery of changes in terms notices affecting your use of Express Online Banking.You may print a copy of such communications using the “print” function of your web browser software. You may also request a paper copy at any time by contacting the Fulton Savings Bank directly.

Express Online Banking system employs encryption to ensure the secure transmission of data. The system also utilizes risk based monitoring tools and reverse authentication to protect against phishing attempts. These methods include a user selected image to identify the Bank’s online banking site, user selected challenge questions, out of wallet challenge based questions and out of band confirmation codes. By using Express Online Banking, you agree that the online banking security procedures are reasonable and sufficient to ensure that all transaction requests such as bill payment and transfer instructions or other communication we receive from you have in fact, been made by you. You must consider the size, type and frequency of transactions or other communications that you anticipate making when determining whether you consider the Bank’s online banking procedures to be sufficient. 

In short, by using Express Online Banking, you have determined that Express Online Banking is secure for your purposes. Fulton Savings Bank will require users to answer security questions or to provide a confirmation code to process certain transactions and changes to Express Online Banking. This helps ensure information is secure and protects you from fraud and identity theft.If the size, type and frequency of your transactions change, and you determine that the Express Online Banking security procedures cease to be reasonable and sufficient, you must inform the Bank of this immediately. Such a determination means you will no longer use Express Online Banking for any purposes. If you wish to learn more about Express Online Banking security, please ask us.Notwithstanding any security procedure which may from time to time be in effect for detecting errors in transactions covered by this agreement, we have no duty to discover or report to you any such errors. Neither shall we be liable to you for the failure of such security procedure to detect such errors, regardless of the manner in which we apply such security procedures.

In addition, as an additional service, Express Online Banking may occasionally provide links to web pages provided by third parties. When you access those web pages provided by third parties, you are leaving the Bank’s secure website. Some of those pages may not be secure. Each of those websites will operate under its own privacy policy. You are solely responsible for reviewing the privacy policy on each website and providing only that information you believe is appropriate to share with the provider of that website.Our site may include promotional materials via links to web pages provided by third parties from whom you may purchase certain goods or services. You understand that we do not operate or control the products or services. The party providing each product or service is responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and those third parties. You agree that your use of any such service is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY FSB, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, AND MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND OTHER SITES LINKED TO OUR SITE.

To maintain your privacy, we will not disclose any information about you or your accounts to any person, or organization or agency with the exception of (as applicable):

• Certain routine disclosures necessary to complete a transfer
• Verification of the condition and existence of your account for a credit bureau or merchant
• Persons authorized by law in the course of their official duties
• FSB’s employees, auditors, service providers, attorneys or collection agents in the course of their duties
• A court order or lawful subpoena
• Consumer reporting agencies
• Your written authorization which shall automatically expire forty-five (45) days after our receipt of your authorization

If an unauthorized disclosure has been made, we must inform you of the details of the disclosure within a reasonable amount of time after we have discovered that an unauthorized disclosure has occurred.

In order that your privacy may be protected, we will not disclose any information about you or your account to any person, organization, or agency except:

1. For certain routine disclosures necessary for the completion of a transfer; or
2. For verification of the existence and condition of your account for a credit bureau or merchant; or
3. To persons authorized by law in the course of their official duties; or
4. To our employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
5. Pursuant to a court order or lawful subpoena; or
6. To a consumer reporting agency as defined in Chapter 93 of Massachusetts General Laws; or
7. By your written authorization which shall automatically expire 45 days after our receipt of your authorization; or
8. As explained in the separate Privacy Disclosure.

You represent and warrant that all information you provide to us is accurate, complete, and current information for eligibility, application, registration, payment and all other purposes. If, at any time, any information you have provided us becomes inaccurate, you agree to promptly provide us the additional information necessary to make the information you previously provided true and complete in all material respects. You are responsible for all statements made and acts that occur through the use of your user ID and password, and for all instructions entered through and under your user ID and password, including those submitted on your behalf by authorized users.

If you are the primary user or an authorized user performing transactions from an account, you agree to indemnify FSB and hold us harmless from and against any and all claims, demands, expenses (including, but not limited to, reasonable attorney fees and costs), losses or damages claimed by any third parties (including, but not limited to, any persons authorized to perform transactions) arising out of (i) any transactions or attempted transactions covered by this agreement or (ii) your breach of this agreement.If we initiate any legal action to collect money owed to us under this agreement or any related agreements, including any counterclaim, you agree to pay all of our costs for such action, including any reasonable attorneys’ fees. This provision does not apply to action in connection with any credit account. In such cases, the credit agreement will govern these costs.

We have the right to modify or amend this agreement as allowed by law. Any modifications or amendments by FSB shall be effective thirty (30) days after FSB sends notice of the amendments to you. Either you or FSB may terminate this agreement at any time by giving written notice to the other, but the termination of this agreement does not terminate your account(s) with FSB. Closing the account(s), which you access with Express Online Banking, terminates this agreement simultaneously. The Bank may also cancel your privilege to use Express Online Banking, even without telling you in advance.

This Agreement will be governed by and interpreted in accordance with federal and state law and regulation. You are responsible for compliance with any applicable federal, state and local laws and regulations.