This Online Banking Agreement and Disclosure (the "Agreement") explains the terms and conditions governing basic Internet Banking Services and Bill Pay Services offered by Marquette Bank (collectively "Internet Banking Services"). By using any of the Internet Banking Services, you agree to abide by the terms and conditions of this Agreement. The terms "we," "us," "our," and "Marquette Bank" refer to Marquette Bank. "You" refers to each person and/or small business who enrolls for Internet Banking Services and has a password. The term "business days" means Monday through Friday, excluding Saturday, Sunday and Marquette Bank holidays.
 
Your Internet Banking Services and each of your accounts are also governed by the applicable Disclosures, Rates, and Fee Schedules provided by Marquette Bank in your new account packet as each may be modified from time to time (collectively, the "Marquette Bank Documents").
 
You are responsible for paying any fees associated with Internet Banking and Bill Payment as outlined in the Marquette Bank Documents, as well as any additional fees that may be assessed by your Internet Service Provider and for any telephone charges or fees incurred by accessing Internet Banking Services.
 
Your initial use of Internet Banking Services constitutes your acceptance and agreement to be bound by all of the terms and conditions of this Agreement and by the Marquette Bank Documents, and acknowledges your receipt and understanding of this Agreement.
 
You authorize Marquette Bank to act on instructions received through Internet Banking under your password and without inquiring into the identity of the person using that password. However, do not, under any circumstances, disclose your password by telephone or to anyone claiming to represent Marquette Bank; Marquette Bank's employees do not need and should not ask for your password. You are liable for all transactions made or authorized using your password. Marquette Bank has no responsibility for establishing the identity of any person using your password. If, despite Marquette Bank's advice, you give your password to anyone, you do so at your own risk since anyone to whom you give your Internet Banking password or other means of access will have full access to your accounts even if you attempt to limit that person's authority. You must notify Marquette Bank that your password has been lost, stolen or otherwise compromised and should not be honored and must be disabled. Marquette Bank cannot be responsible for customer errors or negligent use of the Internet Banking Services and will not cover losses due to:
 

• Input error or misuse of the Internet Banking Services.

 

• Leaving a computer unattended during an Online Banking session--click "Sign Off" to end your session.

 

• Failure to report known incidents of unauthorized account access within 2 business days of the account access.

 
If two people hold a joint checking account, then there are two ways to enroll for Internet Banking Services. Both account holders may enroll separately and each will have his/her own password, and his/her own separate Internet Banking Agreement. Each such joint account holder is subject to separate Internet Banking Service fees as applicable. Alternatively, one holder of a joint account can enroll for Internet Banking Services with one password issued and be subject to fees for one person. You are liable for all transactions that you, or if you are using a joint Bill Payment Account, any of you, make or authorize, even if the person you authorize exceeds your authority. You hereby release Marquette Bank from any liability and agree not to make any claim or bring any action against us for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account(s) and/or you have given your password to such person, or, in the case of a jointly held account such person is one of the owners of the account. You agree to indemnify Marquette Bank and hold it harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.
 
Our liability to you is explained in any Agreements, Notices, or Disclosures that we separately provide to you from time to time regarding your accounts and Internet Banking Services. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these Agreements, Notices, or Disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your accounts or Internet Banking Services. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Internet Banking Services as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Internet Banking Services.
 
IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WHETHER WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

We will not be obligated to honor, in whole or in part, any transaction or instruction which:
 

• Is not in accordance with any term or condition applicable to the relevant Internet Banking Services or account.

 

• We have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal.

 

• Would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority.

 

• Is not in accordance with any other requirement of our applicable policies, procedures or practices.

 

• We have reasonable cause not to honor for our or your protection.

 
Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your accounts, you agree to indemnify and hold us, our directors, officers, shareholders, employees, agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an account or the performance of Internet Banking Services. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Internet Banking Services by you or your authorized representative.
 
Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act
of your equipment or software, or that an Internet browser provider such as Netscape (Netscape® Navigator browser) or Microsoft® (Microsoft Explorer browser), by an Internet access provider, by an online service provider or by an agent or
subcontractor or any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Internet Banking Services.
 
Marquette Bank has the right to modify or terminate this agreement at any time. We will comply with any notice requirements under applicable law for such changes or termination. If we terminate this Agreement, no further Internet Banking transfers or bill payments will be made, including but not limited to any payments or transfers scheduled in advance or any pre-authorized recurring payments or transfers. If we modify this Agreement, your continued use of Internet Banking Services will constitute your acceptance of such changes in each instance.

You hereby authorize Marquette Bank to conduct any investigation deemed necessary to establishing this account. ELECTRONIC FUND TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES

This Electronic Fund Transfers disclosure does not apply to any accounts other than consumer accounts, as defined by
Regulation E.
 
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
 
Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking or savings account(s).
 
Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking or savings account(s).

ATM Transfers - types of transfers and dollar limitations - You may access your account(s) by ATM using your ATM card and personal identification number or Debit MasterCard® and personal identification number, to:
 

• Make deposits to checking, statement savings, or statement money market(s) get cash withdrawals from checking, statement savings, or statement money market account(s)

 

• You may not exceed your daily withdrawal limit, as disclosed at card issuance

 

• Transfer funds between checking, statement savings, or statement money market account(s)

 

• Get information about: the account balance of your checking, statement savings, or Gold Money Market accounts Some of these services may not be available at all terminals.

Types of ATM Card Point-of-Sale Transactions - You may access your checking, statement savings, or statement money
market accounts to purchase goods (in person), pay for services (in person), and get cash from a merchant, if the merchant permits, or from a participating financial institution.
 
Point-of-Sale Transactions - dollar limitations - Using your ATM card for point-of-sale:
 

• You may not exceed $500.00 in transactions per day

 
Types of Debit MasterCard®* Point-of-Sale Transactions - You may access your checking account(s) to purchase goods (in person or by phone), pay for services (in person or by phone), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that you can do with a credit card (that a participating merchant will accept with a credit card).
 
Point-of-Sale Transactions - dollar limitations - Using your card:
 

• You may not exceed $2,500.00 in transactions per day

 

Internet Banking Computer Transfers - types of transfers and charges

 
 
You may access your account(s) by computer through the internet by logging on to our website at www.emarquettebank.com and using your personal identification number and login name to:
 

• Transfer funds from checking to checking

 

• Transfer funds from checking to savings

 

• Transfer funds from statement savings to checking

 

• Transfer funds from statement savings to savings

 

• Make payments from checking to loan account(s)

 

• Make payments from statement savings to loan account(s)

 

• Make payments from checking to third parties

FEES

 

• We do not charge for direct deposits to any type of account. Except as indicated elsewhere, we do not charge for these electronic fund transfers.

 

• If you enroll in Online Banking and do not use this service a $2.00 fee will be imposed after 90 days of activity.  We will charge this monthly for three months. After 180 days of complete inactivity we will disable your account. You can re-enroll.

 

• Internet banking Bill Payment Service is free. If you enroll and do not use this service a $5.00 fee will be imposed upon 90 days of inactivity.

 

• Any transfers to other financial institutions may be charged a $2.50 fee per transfer.

 

• Internet banking stop payment orders will be assessed $35 per debit transaction.

 
NOTICE REGARDING ATM FEES BY OTHERS. If you use an automated teller machine that is not operated by us, you may be charged a fee by the operator of the machine and/or by an automated transfer network.
 

DOCUMENTATION

 

• Terminal transfers. You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines or point-of-sale terminals. However, you many not get a receipt if the amount of the transfer is $15 or less.

 

• Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 1-888-254-9500 to find out whether or not the deposit has been made.

 

·         Periodic statements.

 
You will get a monthly account statement from us for your checking or statement money market account(s).
 
You will get a monthly account statement from us for your savings accounts, unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.
 
For passbook accounts, if the only possible electronic transfers to or from your account are preauthorized credits, we do not send periodic statements. You may bring your passbook to us and we will record any electronic deposits that were made since the last time you brought in your passbook.
 

PREAUTHORIZED PAYMENTS

 

• Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:

 
Call or write us at the telephone number or address listed in this disclosure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
 
We will charge you $35.00 for each stop-payment order you give.
 

• Notice of varying amounts. If these regular payments vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

 

• Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

FINANCIAL INSTITUTION'S LIABILITY

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

1. If, through no fault of ours, you do not have enough money in your account to make the transfer.

 

2. If you have an overdraft line and the transfer would go over the credit limit.

 

3. If the automated teller machine where you are making the transfer does not have enough cash.

 

4. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.

 

5. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

 

6. There may be other exceptions stated in our agreement with you.

 

CONFIDENTIALITY

 
We will disclose information to third parties about your account or the transfers you make:
 

• Where it is necessary for completing transfers; or In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or

 

• In order to comply with government agency or court orders; or

 

• If you give us written permission.

 

UNAUTHORIZED TRANSFERS

 

1. Consumer liability. (1) Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days, you can lose no more than $50 if someone used your card and/or code without your permission. (If you believe your card and/or code has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card and/or code without your permission.)

 
If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.
 
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
 
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
 
(2) Additional Limits on Liability for Debit MasterCard*, when used for point of-sale transactions. You will not be liable for any unauthorized transactions using your Debit MasterCard*, when used for point-of-sale transactions, if: (i)you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, (ii) you have not reported to us two or
more incidents of unauthorized use within the prior twelve-month period, and (iii) your account is in good standing. If any of these conditions are not met, your liability is the lesser of $50 or the amount of money, property, labor, or services obtained by the unauthorized use before notification to us.
“Unauthorized use” means the use of your debit card by a person, other than you, who does not have actual, implied, or apparent authority for such use, and from which you receive no benefit. This additional limitation on liability does not apply to PIN-based transactions or transactions not processed by MasterCard*.