Anytime Banking Agreement and Disclosure

Business Accounts
(you must accept the terms of this agreement to continue)

This Agreement and Disclosure Statement (this “Agreement”) describes the AnyTime Banking Internet services currently offered by Fidelity Bank (the “Bank” or “we” or “us”) and makes disclosures required by law as to those services involving electronic funds transfers or payments. This Agreement also contains the terms under which you as a business customer of the Bank (“you” or “your”) may use your computer and the AnyTime Banking software on the Bank’s website located at www.fidelitybankpa.com (“Site”), to access checking, savings, loan or line of credit accounts in which you are a primary or secondary owner or signatory (an “Account” or the “Accounts”), to transfer funds between accounts. By requesting, receiving, signing, opening, using or permitting another to use AnyTime Banking, you and any other owner or signatory on the Account(s), agree to be bound by the following terms and conditions:

Equipment. You are responsible for obtaining, installing, maintaining and operating all equipment and software required to use AnyTime Banking. You are also responsible to obtain, install and maintain Internet access service. We are not responsible for providing you with any equipment, maintenance or operating assistance.

DISCLAIMER OF WARRANTIES
THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND BANK MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR WITH RESPECT TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF SERVICES. YOU ASSUME THE ENTIRE RISK WITH RESPECT TO YOUR USE OF THE SOFTWARE AND SERVICES.

LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL BANK BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DATA AND PERSONAL INJURY), WHETHER OR NOT BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER, CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF YOUR USE OF THE ANYTIME BANKING SOFTWARE AND SERVICES. Except to the extent otherwise required by applicable law, in no event will Bank be liable for any claim against you by a third party, and you agree to indemnify and hold Bank harmless for any claims for cost, damage, expenses or liability arising out of or in connection with the use and performance of the Software and Services whether alone or in connection with any other product or service.

Means of Identification. You will be required to choose a User ID, consisting of six (6) to fifteen (15) alpha and/or numeric characters, to enable you to be identified when using AnyTime Banking. You will also be required to choose a Personal Identification Number (PIN) that conforms with the specified requirements during your initial login and every 180 days thereafter. In addition to the required PIN changes every one hundred and eighty (180) days, you may use AnyTime Banking to change your PIN at any time to a new PIN of your own choice. Your User ID and PIN are identification codes that are personal and confidential and are used to authenticate and validate your directions to us. You acknowledge that the use of your User ID and PIN with AnyTime Banking is a security method intended to help us maintain the security of your Accounts. You are responsible for the safekeeping of your User ID and PIN and agree not to disclose your User ID and PIN to anyone and to take all reasonable precautions to protect others from learning your User ID and PIN. Any other owner or signer of any Account will maintain a separate User ID and PIN to access such Account. In the case of a business, if you disclose your User ID and PIN to other signatories and/or employees, you are solely responsible for the activity that occurs on the business account(s) through AnyTime Banking and agree to hold the Bank harmless. You are responsible for any liability, loss or damage resulting from the Bank’s actions in accordance with instructions to us from unauthorized persons when utilizing your User ID and PIN.

Available Services. You may use AnyTime Banking with your User ID and PIN and your computer to access information concerning your Accounts and also to perform certain transactions for which you are authorized. The following services (“Services”) are available through AnyTime Banking:

1. View balance and transaction information concerning Accounts.
2. Transfer funds from deposit Accounts to other deposit Accounts or to make payments on loans held by the Bank. You can also transfer funds from established lines of credit to deposit Accounts.
3. Place a stop payment on an outstanding check(s) drawn on your Account(s).
4. Change your mailing address or e-mail address.
5. Send electronic mail messages to the Bank. (See “E-Mail” below).
6. View images of your paid checks.
7. Reorder your checks (Deluxe checks only).
8. Export transaction history to Quicken or as a data file.

Changes in Terms & Fees. We may change the Services and the terms (including fees) set forth in this Agreement at any time. You will be notified of any such changes as required by applicable law, either by mail or by an electronic message posted on the Site. You understand and agree that by using AnyTime Banking after a change becomes effective, you have agreed to the change(s).

Access, Transfer and Payment Limitations. You will be denied access to AnyTime Banking if you do not provide a valid User ID and PIN. Your access will be denied if you exceed the number of invalid attempts allowed by us. Transfers and payments are limited to the amount of funds available for withdrawal in your personal or business deposit Accounts or for draws under established lines of credit. The availability of funds in your business deposit Accounts is subject to the availability schedule published by us from time to time. Transfers from any savings or money market Account cannot exceed six per month (including third-party checks).

Transfers performed during any business day generally will be posted to your Account as of that day; however, transfers performed after 5:00 p.m. on a business day, or transfers performed on a Saturday, Sunday or Bank holiday generally will be posted to your Account on the next business day.

E-Mail
We may not immediately receive e-mail communications that you send and we will not take action based on e-mail requests until we actually receive your message and have a reasonable opportunity to act. If you need to contact us immediately regarding an unauthorized transaction, you may call us at the telephone number set forth in the section of this Agreement entitled “How to Notify Us”.

Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your User ID and/or PIN has been lost, stolen or been used without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your personal or business Account(s) plus the maximum amount available under your lines of credit.

If your statement or passbook 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, or the transfer was recorded in your passbook, 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 may extend the time periods referred to above for a reasonable time.

How to Notify Us. If you believe you have had an unauthorized transaction on any of your business Accounts or you believe that your User ID or PIN has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission, call (412) 367-3300 during business hours or write: Fidelity Bank, P.O. Box 11136, Pittsburgh, PA 15237. You can also call (412)367-3303, extension 3258 after business hours to report a lost or stolen User ID or PIN.

Documentation. You will receive a confirmation screen with reference information after every transfer you make through AnyTime Banking. We recommend you retain the transaction confirmation number for your records.

Statement accounts. You will receive a monthly statement that shows all transfers made through AnyTime Banking. If there is no activity on your personal or business statement savings or money market account during the month, you will receive a quarterly statement.

Passbook accounts. If you bring your passbook to us, we will record all transfers that were made to your personal or business account through AnyTime Banking since the last time you brought in your passbook.

Termination. You may cancel this Agreement and your use of AnyTime Banking at any time by notifying us at the address provided in the “How to Notify Us” section of the Agreement. This will terminate your access to AnyTime Banking but will not terminate your business Accounts with us. The other provisions of this Agreement survive termination and continue to apply. We may cancel this Agreement and terminate your access to AnyTime Banking for any reason, at any time. If you do not login to AnyTime Banking at least once every ninety (90) days, your personal or business AnyTime Banking access will be terminated and you will be required to re-enroll to regain access.

Disclosure of Information About You. We may disclose information to third parties about your personal or business Accounts or the transactions you make:

1. Where it is necessary for completing transactions.
2. In order to verify the existence and condition of the business Account for a third party, such as a credit bureau, merchant or other payee.
3. In order to comply with government agency rules, regulations and requirements and or court orders or applicable laws.
4. If you give us your written permission.
5. If we close your account because it has been maintained in an unsatisfactory manner.

What to Do in Case of Errors or Questions. Telephone us or write us at the number and address shown in the “How to Notify Us” section of this Agreement as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

1. Tell us your name and Account number (if any).
2. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information.
3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will re-credit your personal or business Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not re-credit your Account.

If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we credit your Account with funds while investigating an error, you must repay those funds to us if we conclude no error has occurred.

Bank’s Liability for Failure to Make Transfers. . If we do not complete a transfer to or from the business Account on time and in the correct amount according to our agreement with you, we will be held liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable:

1. If through no fault of ours, there are not enough available funds in the business Account to make the transfer.
2. If you or any of your employees use the wrong User ID or PIN or you have not properly followed any applicable computer, Internet access provider or Bank user instructions for making transfer and loan payment transactions.
3. If your computer fails or malfunctions or AnyTime Banking was not properly working and such problem should have been apparent when you attempted such transaction.
4. If the transfer would go over the credit limit of the line of credit
5. If the funds in the business Account are subject to legal process or another type of restriction on transfer.
6. If incomplete or inaccurate information is forwarded by the United States Treasury or through an automated clearing house.
7. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken.
8. If the error was caused by a system outside the Bank’s control, such as your Internet service provider.
9. If there are other exceptions as established by the Bank from time to time.

Fees. Use of the basic AnyTime Banking software is provided free of charge. Charges for incoming and outgoing external transfers may be assessed. Please refer to the Funds Transfer Disclosure for more information.

Termination of Services or Privileges. We may at any time, at our sole discretion, limit, suspend or modify AnyTime Banking or access to the business Accounts by use of AnyTime Banking. If such action is taken by us, we will notify you in writing within 30 days of the date that we take such action. Termination of AnyTime Banking by you will be effective on the first business day following receipt of your written notice.

Amendments. We may amend, modify or rescind the rules and regulations applicable to your use of AnyTime Banking at any time upon taking one or more of the steps listed below:

1. Mailing or delivering written notices of such amendment, modification or rescission to you at least 21 days prior to the effective date of any such change.
2. Posting a copy of such amendment, modification or rescission in the main lobby of the Bank for a period of 21 days.

If a change in such rules and regulations would result in increased fees or charges, increased liability to you, fewer types of available services or stricter limitations on the use of the services, we will notify you in the manner described in (1) above. If a change in such rules and regulations would not result in such increased fees, charges or liability, fewer services or stricter limits, we may at our option mail or deliver written notice to you but shall not be required to provide you with such notice at least 21 days prior to the effective date of such change. If an immediate change in the terms and conditions governing your use of AnyTime Banking is necessary in order to maintain or restore the security of our electronic services or your personal or business Accounts, we are not required to give you prior notice, but we will notify you within 30 days or with your next monthly statement if such a change will become permanent unless disclosure of the change would jeopardize the security of our system or your personal or business Accounts.

Any amendment, modification or rescission made in the manner described above shall be binding upon you as though expressly agreed to you. If written notice is mailed to you, it shall be mailed to your last known address as shown on our records.

Enforcement. You agree to be liable to the Bank for any liability, loss or expense (including reasonable attorney’s fees) that the Bank incurs as a result of any improper use or dispute involving your personal or business Accounts or use of Services or Software, other than as expressly permitted by this agreement. You authorize us to deduct any aforementioned liability, loss or expense from your business Accounts without prior notice.

Other. All transactions are subject to all applicable agreements, rules and regulations of the Bank relating to the type of Account on which transfers or payments are made, now or in the future, as said agreements, rules and regulations are now in effect or as they may hereafter be amended, modified or adopted.