• You agree that Bank may act upon any funds transfer request that is made using your User Code and Password, whether or not the person initiating the request has the authority to do so.
• Bank will act upon a funds transfer request per the Internet Banking cut-off time rules stated above by making applicable accounting entries. Any funds transfer received by Bank after the applicable Cut-off deadline on a Business Day will be treated as received by Bank on its next Business Day.
• Bank may reject any funds transfer request, which, either in whole or in part, exceeds the collected and available funds on deposit with bank in the applicable account. Bank, at its sole option, may (but is not required to) create an overdraft to complete a funds transfer, and you agree to repay Bank immediately, the amount of the overdraft, whether or not demand is made. Bank is not obligated, however, to create any additional overdrafts or to give any notice that additional overdrafts will not be created, regardless of how many overdrafts may have been created previously.
• You shall have no right to cancel or amend a funds transfer request after its receipt by Bank. If, however, Bank receives a request to cancel or amend a funds transfer, Bank, at its option, may (but is not required to) make a reasonable effort to attempt to cancel or amend the transaction if Bank has not yet acted upon the request.
• The monthly or periodic statements issued on the Account will reflect internal and external transfers. You agree to notify the Bank within a reasonable time, not to exceed 30 calendar days, after receipt of the statement of any discrepancy between your records and the information in the statement. Your failure to provide such notice relieves the Bank of any responsibility to correct the same, of any liability as to such discrepancies, and of any liability for damages resulting therefrom.

d) Customer Service. For additional information or assistance, please call the Bank's Customer Service Department at 662-283-3231 or send us a letter to Bank of Winona P O Box 231 Winona, MS 38967. We have a staff of customer care representatives waiting to assist you on Business Days, except bank holidays, during Customer Service hours. Additionally, you may communicate with the Bank using a personal computer to send and receive written messages electronically (Internet e-mail) outside of the Online Services screen. This method is very effective for request of additional information, questions, comments and other miscellaneous correspondence. HOWEVER AT THIS TIME, E-MAIL IS NOT A SECURE METHOD OF COMMUNICATION AND CONFIDENTIAL INFORMATION SHOULD NOT BE SENT OVER THE INTERNET E-MAIL.

Charges and Fees:
At this time, the Bank does not charge a fee for the use of the Account Information and Funds Transfer provided through Online Services. In the future, fees may be assessed for these or other specific online banking services. If and when any fees are assessed or changed, a minimum of 30 days notice will be given to any affected Online Service customers. You are responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with Online Services.

Bank reserves the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred.

Online Services charges are in addition to the fees and service charges discussed in the Deposit Account Agreement and applicable account disclosures.

Equipment:
You are responsible for obtaining, installing, maintaining and operating all computer hardware, software and Internet access services necessary for performing Online Services. IT IS YOUR RESPONSIBILITY TO PROTECT THE SECURITY OF YOUR OWN COMPUTER SYSTEM AND TO PROTECT YOUR COMPUTER AGAINST VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. The Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware, software or any Internet access services.

Security:
Duty to Report Breach of Access Codes: Your Responsibility. Bank shall be entitled to act upon communications received by it through the use of Online Services. Consequently, it is very important that you take appropriate protective measures regarding the security and confidentiality of the customer access codes that are used for the system. You agree to notify us immediately if you think that the security of your access codes has been breached. Use of your User Code and Password is the agreed security procedure to access Online Services. In order to prevent unauthorized access to your accounts and to prevent unauthorized use of Online Services, you agree, by using Online Services, to keep confidential, and to not give or make available your User Code, Password or other means to access your accounts to any person not authorized to access your accounts. The loss, theft or unauthorized use of your account numbers, User Codes and Passwords could cause you to lose some or all of the money in your accounts. If you disclose your account numbers, User Codes and/or Passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure. You are responsible for all transfers and Bill Payments you authorize using Online Services. If you permit any other person(s) or entity to use Online Services or to access or use your account numbers, User Codes, Passwords, or other means to access your accounts, you are responsible for any transactions and activities they authorize from your accounts. You agree to immediately notify us by calling 662-283-3231 during normal customer service hours of any unauthorized use of your account numbers, User Codes and Passwords or of any other breach of security, or if you believe someone may attempt to use Online Services without your consent or has transferred money without your permission. We cannot accept notification of lost or stolen User Codes or passwords or unauthorized transfers via e-mail.

Statements:
All transfers and or/fees made or incurred in connection with Online Services will appear on your affected monthly account statements.

Limitation of Access/Security/Bank's Right to Terminate
You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person's authority, you must notify the Bank and arrange to change your PIN. In any event, the Bank will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Bank has knowledge of the possibility of them. The Bank is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Bank's reasonable control.

The Bank may terminate Online Services in whole or in part at any time without prior notice. The Bank reserves the right to limit or suspend your access to Online Services at any time. In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes and other means of identification (including, without limitation, your account numbers, User Codes and Passwords). We reserve the right to block access to Online Services to maintain or restore security to our Site and systems, if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s). The Bank will approve applications for Online Services. Completing this application does not guarantee approval for these services.

Termination:
If you want to terminate your access to the Online Services, you must contact our Customer Service in person or by phone at 662-283-3231 during customer service hours. If you call, we will also require you to present your request in writing. We reserve the right to terminate the Online Services, in whole or in part, at any time with or without cause and without prior written notice. In that event, or in the event that you give us a termination notice, we may (but are not obligated) to immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Online Services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of the system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your User Code or Password as an indication of an attempted security breach. Termination of the Online Services does not affect your obligations under this Agreement with respect to occurrences before termination or cooperation after termination. The Bank is not responsible for any fixed payment made before the Bank has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by the Bank on your behalf.

Damages:
IN NO EVENT SHALL THE BANK BE LIABLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOST PROFITS, CAUSED BY THE SYSTEM OR ONLINE SERVICES OR THE USE THEREOF, OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, EQUIPMENT, SOFTWARE OR ANY INTERNET ACCESS SERVICES.

Miscellaneous Terms:
In addition to this Agreement, you agree to comply with all applicable account agreements, including, without limitation, the Deposit Account Agreement and with all applicable State and Federal laws and regulations.

The Bank may amend or change this Agreement (including applicable fees and service charges) by sending you notice by electronic mail (unless you object to communications in this fashion) or written notice by regular mail sent to your address as it appears on your account records, by posting notice in branches of The Bank, or as otherwise permitted by law.

Any use of the Online Services after we send you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the programs, services and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material, and to limit access to Online Services more recent revisions and updates.

We shall not be deemed to have waived any of our rights hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights on future occasions.

Assignment:
You may not transfer or assign your rights or duties under this Agreement.

Governing Law. The laws of the state of Mississippi and, to the extent pre-empted thereby, the laws of the United States of America, shall govern this Agreement and all transactions hereunder, without giving effect to any conflict of laws rule or principle that might result in the application of the laws of another jurisdiction. Customer acknowledges that he/she has reviewed this Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.

Indemnification:
Customer, in consideration of being allowed access to the Online Services, agrees to indemnify and hold the Bank harmless for any losses or damages resulting from the use of the Online Services, to the extent not prohibited by applicable law.

Security Procedures:
By accessing the Online Services, you hereby acknowledge that you will be entering a protected web site owned by the Bank, which may be used only for authorized purposes. The Bank may monitor and audit usage of the website, and all persons are hereby notified that any fraudulent misuse or otherwise unauthorized usage of the Online Services or the website or information submitted via such website is subject to prosecution under the Computer Fraud and Abuse Act of 1986.

Arbitration:
Applicability of Agreement. This Agreement is a part of each and every transaction between Bank and Customer involving the Customer’s Online Services with Bank from the date hereof until this Agreement is terminated.

Consideration. The consideration for this Arbitration provision is the consideration given and received in each transaction between Bank and Customer relating to Online Services, and the mutual benefits to be derived by Bank and Customer from the convenient, expeditious, economical, and private procedures for resolving disputes between them concerning the Agreement or transaction.

Dispute Resolution. Any claim, dispute or controversy between Customer and Bank, including Bank’s employees, officers, directors, agents, parent companies, subsidiary companies, sister companies, successors, assigns, other affiliated entities or persons (collectively, "Covered Persons"), (whether in contract, whether pre-existing, present or future, and including statutory, common law, intentional tort or equitable claims), arising from or relating to any matter including, but not limited to, the Online Services, any past or future interactions, business or dealings between the parties or between Customer and the Covered Persons or any application, advertisements, promotions, or oral or written statements related to the Online Services, any goods or services furnished in connection with the Online Services or the relationships with respect to the Online Services (including to the full extent permitted by applicable law relationships and dealings with third parties who are not signatories to the Online Services or this Agreement) or the validity, enforceability or scope of this Agreement (collectively, "Claim"), shall be resolved, upon the unilateral or joint election of Customer or Bank or said Covered Persons, respectively, by binding arbitration, as hereinafter provided, pursuant to the rules of the National Arbitration Forum ("NAF) in effect at the time the Claim is asserted. A party who has asserted a Claim in a lawsuit in court may elect arbitration with respect to any Claim(s) subsequently asserted in the lawsuit by any other party or parties. The Rules of NAF may be obtained by calling 1-800-474-2371 or by going to the NAF Website at www.arb-forum.com, and all Claims shall be filed at any NAF office (provided, however, that if for any reason NAF is unwilling or unable to serve as arbitration administrator, an equivalent national arbitration organization utilizing a similar code of procedure will be substituted by us).

Arbitration. (a) Any Claim shall, at the request of the Customer, Bank or any Covered Persons, whether made before or after institution of legal proceedings, be determined by binding arbitration. The Online Services involves interstate commerce, and the arbitration is subject to and shall be conducted in accordance with the United States Arbitration Act, 9 U.S.C. Sections 1, et. seq., as amended, notwithstanding any choice of law provision in this Agreement or any other documents executed in connection with the Online Services, and under the Rules of NAF. The Arbitrator shall have authority to award damages and grant such other relief he deems appropriate. The Arbitrator shall give effect to applicable law, including statues of limitations in determining any Claim. Any controversy concerning whether an issue is arbitrable shall be determined by the Arbitrator. However, Customer, Bank or any Covered Persons may institute a lawsuit for the purpose of compelling the other parties to any Claim to arbitrate in accordance with this Agreement. Judgment upon the arbitration award may be entered in any court having jurisdiction. The Arbitrator(s) shall be chosen no later than 30 days after filing of the Claim with NAF. The arbitration procedures shall be concluded, and the Arbitrator’s award issued no later than six (6) months after selection of the Arbitrator.

(b) The institution and maintenance of an action for judicial relief shall not constitute a waiver of the right of Customer, Bank or any Covered Person including the plaintiff, to invoke this Agreement and thereby require that the Claim be submitted to arbitration. No provision of this Agreement shall limit the right of any party to this Agreement to exercise available remedies such as setoff or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after or during pendency of any arbitration or other proceeding.

(c) In the event of a conflict between the provisions of this Agreement and the Rules of NAF, the provisions of this Agreement shall control. No class action arbitration may be ordered or had under this Agreement and, except as provided in paragraph 3 above, there shall be no joinder of multiple parties plaintiff except for joinder of all parties covered by this Agreement.

Administrative Fees and Expenses. Upon request, Bank will advance the first $100.00_ of the filing and hearing fees charged by NAF for any Claim by any Customer(s) or any Covered Person against Bank. The Arbitrator will determine who will ultimately be responsible for paying any filing, hearing or other administrative fees in connection with the arbitration. Unless inconsistent with applicable law, each party to an arbitration shall bear the expense of their respective attorneys’, experts’, and witness fees and expenses, regardless of which party prevails in the arbitration.

Selection of Arbitrators. On claims of $100,000 or less, including counter-claims, an Arbitrator shall be selected from a panel of nine (9) arbitrators submitted by NAF, by Bank and Customer either agreeing on the Arbitrator or striking persons from the panel until one person is left, that person being the Arbitrator. On claims in excess of $100,000 including counter-claims, three Arbitrators shall be selected from a panel of fifteen (15) arbitrators submitted by NAF, by Bank and Customer either agreeing on the Arbitrators or striking persons from the panel until three (3) persons are left, those persons being the Arbitrators. The determination of who shall make the first strike and the resolution of any disputes concerning selection, including, if necessary,
the appointment of the Arbitrator(s), shall be done by NAF.

Discovery. The Arbitrator shall have the power to authorize reasonable discovery and to issue any necessary orders and subpoenas. All discovery shall be submitted and expedited to the maximum extent practicable. In no event shall the Arbitrator allow discovery, which would result in this matter not being concluded and an award issued in the time specified herein.

Location. The arbitration sessions shall be held at a location mutually acceptable to the parties to the arbitration. If the parties to the arbitration cannot agree on the location, the location shall be selected by NAF.

Confidentiality. To the extent permitted by applicable law, all proceedings pursuant to or in connection with this Agreement shall be kept strictly confidential, except for disclosures of information required in the ordinary course of the business of Bank and Customer or by applicable law or regulation. The provision shall not exempt from discovery or use in any other or future proceeding any evidence otherwise discoverable, merely because it is presented in, referred to, or discussed in the course of, or in connection with, proceedings pursuant to this Agreement.

Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall be enforced to the extent permitted by applicable law and in lieu of any such unenforceable provision, there shall be substituted in its place a provision as similar in substance and effect as is capable of being enforced.

Successors and Assigns. This Agreement shall be binding upon, and shall enure to the benefit of, the parties, the Covered Persons, any co-signers, endorsers, guarantors, or other obligors to the Online Services and their respective successors and assigns, including to the full extent permitted by applicable law, third parties who may not be signatories to the Online Services or this Agreement, such as Bank’s employees, officers, directors, agents, parent companies, subsidiary companies, sister companies, other affiliated entities or persons. However, Customer may not assign his rights or duties under this Agreement.

Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supercedes all prior discussion arrangements, negotiations, and other communications, if any, on dispute resolution. Customer agrees that this Agreement may not be amended or modified in any respect except in writing.

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