ELECTRONIC SERVICES AGREEMENT

Effective 2/2009

This Agreement describes your rights and obligations as a user of the Online Banking service or the Bill Payment service (“Services”).  It also describes the rights and obligations of Connecticut Community Bank, N.A.  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 Internet-based service providing access to your Connecticut Community Bank account(s); “Online Account” means any Connecticut Community Bank account from which you will be conducting transactions using a Service, and “password” is the code you select after the initial sign-on, that establishes your connection to the Service.  “Time of Day” references are to Eastern Standard Time (EST) or Eastern Daylight Time (EDT), as applicable. “Business Day” is defined in the section entitled “Hours of Operation”. “We”, “us” or “the Bank” refers to Connecticut Community Bank, N.A. which offers the Services and which holds accounts accessed by the Services.

Access to Services

The Bank will provide instructions on how to use the Online Banking service or Bill Payment service.  You will gain access to your Online Accounts through the use of your Internet-enabled device, your Internet Service Provider, your Password and your User ID number. You may use any personal computer equipped with qualified browser software that provides Internet access to the World Wide Web. The browser software that you use must support the level of encryption employed by the Bank.

Use of your Security Password

You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services.  You should treat your Password with the same degree of care and secrecy that you use to protect your ATM card PIN or other sensitive financial data.  You agree not to give your Password, or make it available, to any person not authorized to access your accounts with the Bank. You agree to assume responsibility for all transactions up to the limits allowed by applicable law. To protect your account(s):

• Do not share your Password with anyone.
• Do not store your Password in a conspicuous place.
• Do not walk away from your computer while logged on to Online Banking.
• Do exit from your Online Banking session when you are finished using it.
• Use anti-virus software to keep your personal computer clean and free of viruses.
• Review and reconcile your account activity on a regular, timely basis.

If your Password has been lost or stolen

If your password has been lost or stolen, call the Bank immediately at 1-877-331-2265, 8:30 a.m. to 5:00 p.m. (EST or EDT), Monday through Friday, or contact your local branch.  Otherwise, you could lose all of the money in your account accessed by your Password, plus your maximum overdraft line of credit, if applicable. Telephoning us is the best way of minimizing 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 that 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 the Bank immediately by calling 1-877-331-2265, 8:30 a.m. to 5:00 p.m. (EST or EDT), Monday through Friday, or write to Connecticut Community Bank, N.A., Customer Service Department, 1495 Post Road East, P. O. Box 309, Westport CT  06881-0309.

If you do not notify the Bank within 60 days after the statement was mailed to you, you may not recover any money lost after the 60 days which would not have been lost if the Bank had been notified in time.  If a good reason (such as a long trip or hospital stay) delayed you from contacting the Bank, we may extend the time periods.

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 checking accounts, savings accounts and money market accounts.  NOTE:  Because regulations require banks to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:
   1. Statement Savings Account - You can make no more than six (6) transfers per month by preauthorized or automatic transfer or by telephone or Online Banking.
   2. Money Market Account - You can make no more than six preauthorized, automatic, telephone or electronic withdrawals or transfers to another account at the same bank or to a third party during a month. This limitation includes those made by check, draft, debit card, or similar order and payable to third parties. Electronic transfers, withdrawals, or payments to third parties initiated by you from a personal computer (online banking) are also included as a type of transfer subject to the six-transaction limit.
2. New services may be introduced for Online Banking from time to time.  The Bank 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, applicable to these services.

Bill Payment Service

The Bill Payment service permits you to use your Internet-enabled device to direct payments from your designated Online Bill Pay Account to third parties you wish to pay.  Your Bill Pay Account must be your checking account with Connecticut Community Bank, N.A.  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 Pay Account for the Bill Payment service.  Payments to third parties have a per transaction limitation of  $9,999.00.  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 may not make a payment of alimony, child support or other governmental fees or court ordered payments through the Bill Payment service.  You may not purchase securities through the Bill Payment service.

Funds must be available in your Bill Pay Account on the scheduled payment date.  If more than one payment is scheduled for the same day, we will, in our sole discretion, determine the order in which these payments are processed.  You cannot control the order in which these payments are processed.  Accordingly, if your checking account does not contain sufficient available funds to complete all of these payments, any one or more of these payments may not be completed. 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 Pay Account the following business day (e.g. Monday).  After funds are withdrawn from your Bill Pay Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.  You must provide sufficient information about each payee as we may request from time to time, to properly direct a payment that you authorize.  This information may include, among other things, the name and address of the payee and your payee account number.  Additions, changes, and deletions can be made by you and are entered directly through your personal computer.

You may choose to schedule payments to recur in the same amount at regular weekly, monthly or semimonthly intervals.  You may not, however, schedule two identical payments (same payee, same dollar amount) to be processed on the same day.  If you do, the Service will assume a duplicate payment has been scheduled in error and will cancel one of the scheduled payments.

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 five (5) 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, we will work with the payee on your behalf to attempt to have any late fees or charges reversed.

The Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement.  We will not be liable in any way for damages you incur if you do not have sufficient funds in your Bill Pay Account to make the payment on the processing date, for delays in mail delivery, for changes to the payee’s address or account number unless you have advised us of the change sufficiently in advance, 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 the Bank.

If your Bill Pay 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 will be canceled and no further attempt will be made by the Bank to make the transfer or payment.  The Bank will attempt to notify you by e-mail or U.S. Postal mail, but we 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.  The Bank reserves the right to charge an insufficient funds fee for each bill payment attempt against insufficient funds. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Service.  In the case of fixed payments, only the payment currently scheduled will be canceled.  Fixed payments scheduled for future dates will not be affected.

The way to cancel or change a payment is to use the Service.   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 requested by the Bank, 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.  The Bank may pay any item that is presented following the lapse of any stop payment order.

For questions or help with the Bill Payment Service, please call 1-800-823-7555.

Electronic Mail

If you send the Bank an electronic mail message, we will be deemed to have received it on the following business day.  The Bank will have a reasonable time to act on your e-mail.

You cannot use electronic mail to originate a bill payment, account inquiry or to transfer funds.

You should not rely on electronic mail if you need to communicate with the Bank 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.

You agree that the Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make.  Any such electronic mail sent to you by the Bank shall be considered received within three (3) days of the date sent by the Bank, regardless of whether or not you sign on to the Service within that time frame.

Other Agreements

In addition to this Agreement, you and Connecticut Community Bank, N.A. agree to be bound by and comply with the requirements of the agreements applicable to each of your Online account(s).  Your use of the Online Banking service or the Bill Payment service is your acknowledgement that you have received these agreements and intend to be bound by them.  You should review other disclosures received by you when you opened your account(s) at the Bank, 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 and the fee schedule at the end of this Agreement.  We will automatically deduct the fees related to this Service from your Bill Pay Account each month.

Hours of Operation

The Services are available 24 hours a day, seven days a week, except during special maintenance periods.  For the purpose of transactions, the Bank’s business days are Monday through Friday, excluding holidays.  All Online Banking transaction requests received on Saturdays, Sundays or holidays, on which the Bank chooses to remain closed, are effective on the next business day.  The Bank’s business day begins at 9:00 a.m.

Modifications to this Agreement

The Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modification to you at the address shown on our account records and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.  We may send any notice to you via electronic mail and you will have been deemed to have received it three days after it is sent.  We reserve the right to terminate this Agreement and your use of the Services in whole or part at any time without prior notice.

Errors and Questions

In case of errors or questions regarding an Online Banking transaction, call 1-877-331-2265 or write us at:

Connecticut Community Bank, N.A.
Customer Service Department
1495 Post Road East, P. O. Box 309
Westport, CT   06881-0309

We must hear from you at the specified telephone number or address no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.  We will need:

1. Your name and account number.
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 the date on which it occurred.

If the report is made orally, we may require that you send the complaint or question in writing within 7 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 apply a provisional credit to 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 7 business days, we may not credit your account until the investigation is completed.

If the alleged error involves an electronic 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 (3) business days after the investigation is complete.  You may request copies of the documents that were used in the investigation. 

You agree that the Bank may respond to you by electronic mail with regard to any claim of unauthorized electronic funds transfer related to the Service.  Any such electronic mail sent to you by the Bank shall be considered received within three (3) days of the date sent by us, regardless of whether or not you sign on to the Service within that time frame.

In the case of errors or questions regarding a Bill Payment Transaction, call toll-free at

1-800-823-7555 or write to:

Connecticut Community Bank, N.A.
Customer Service Department
1495 Post Road East, P. O. Box 309
Westport CT  06881-0309

Statements

You will continue to receive your regular account statement each month.  All of your payments or funds transfers made through the Online Banking service will appear on your monthly statement.

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 correct amount according to our agreement with you, we may 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 the Bank, you do not have enough money available in your account to make the transfer.
2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure and/or breakdown or a delay in the U.S. mail) prevent 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 or federal regulations.
4. If your funds are subject to legal process or other encumbrance restricting the transfer.
5. If the payment or transfer would go over the credit limit on your overdraft line, if applicable.
6. If the service or your personal computer or modem or other access device was not working properly and you knew, or had reason to know, about the malfunction when you attempted to schedule the payment or transfer.
7. If your transfer authorization terminates by operation of law.
8. If you believe someone has accessed your account without your permission and you fail to notify the Bank immediately.
9. If you have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
10. If we have received incomplete or inaccurate information from you or third parties involving the account, transfer or payee information.
11. If a payee mishandles or delays crediting payments sent by us.
12. If there is any loss, damage, or injury resulting from (i) an interruption in your electrical power or telephone service (ii) the disconnection of your telephone or cable line or deficiencies in line quality or (iii) any defect or malfunction of your personal computer, modem, or telephone/cable line.
13. 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.

There may be other exceptions stated in this agreement and in other agreements with you.  In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed in subparagraph 2 or 10 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

The following outlines our Bank’s practice regarding personally identifiable information for consumers and those consumers who become our customers.

We are permitted under law to disclose nonpublic personal information to nonaffiliated third parties in certain circumstances. For example, we may disclose nonpublic personal information about you to third parties to assist us in servicing your loan or deposit account with us, to government entities in response to subpoenas, to consumer reporting agencies, to comply with federal, state and local laws, rules and other applicable legal requirements. We do not disclose any nonpublic personal information about you to any other third parties except as permitted by law.

We are also permitted under law to share information about our experiences or transactions with you and your account (such as your account balance and your payment history with us) with companies related to us by common control or ownership (“affiliates”). We may share this information with an affiliate to assist us in providing a financial product or service to you. We do not disclose information to our affiliates that does not relate solely to our experiences or transactions with you.

For our complete Privacy Policy please visit any of our branch locations or www.ccbankonline.com.

Authorization to Obtain Information

You agree that we may obtain and review your credit report from an authorized credit bureau.  You also agree that we may obtain information regarding your payee accounts in order to facilitate proper handling and crediting of your payments.

Inactivity, Termination

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services.  We can terminate your electronic banking privileges (including the Bill Payment 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 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 this Service, we may convert your account to inactive status if you do not sign on to the Service or have any transactions scheduled through the Service during any consecutive 90-day period.  If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

You are responsible for any fees for the month in which you cancel as well as any other outstanding obligations and fees that accrued prior to or after cancellation in connection with the Online Banking or Bill Payment Services.

To cancel the Online Banking and/or Bill Payment service, you must notify Connecticut Community Bank, N.A. and provide your name; address; whether you are discontinuing Online Banking, Bill Payment or both; and the effective date to stop the service.  When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated.  Your final charge for the Bill Payment service will be assessed at the end of the month of cancellation. You may notify the Bank by one of the following methods:

1. By calling 1-877-331-2265, 8:30 a.m. to 5:00 p.m., Monday through Friday
2. By writing a letter and either sending it to the following address or giving it to a Customer Service Representative at any branch location:

Connecticut Community Bank, N.A.
Customer Service Department
1495 Post Road East, P. O. Box 309
Westport CT  06881-0309

Waivers

No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy.  Any single or partial exercise of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy.  No waiver shall be valid unless in writing signed by us.

Assignment

You may not assign this Agreement to any other party.  We may assign this Agreement to delegate any or all of our rights and responsibilities under this agreement to any third parties.

Governing Law

This Agreement is governed by the laws of the State of Connecticut and applicable federal law.

Fee Schedule

Fees for Connecticut Community Bank’s Online Banking and Bill Payment services are as follows: