Internet Banking - Disclosure

This is the agreement for your Buckeye Community Bank Internet Banking Services and it includes certain disclosures for electronic fund transfers. This agreement states the terms and conditions that apply when you use Buckeye Community Bank's Buckeye Net Banking Internet Banking services. These terms and conditions are in addition to the terms and conditions that apply to any accounts or other services you have with us. You must also follow all of our instructions and procedures applicable to the services covered by this agreement.

Definitions
In this agreement, the words "we", "us", and "our" mean Buckeye Community Bank. The words "you" and "your" mean each person who establishes an Internet Banking Account with us or who uses or is authorized to use an Internet Banking identification number and password or other means of access we establish or approve. The words "Access Codes" mean the Internet Banking identification number, password, and/or other means of access we establish or approve. "Services" (Buckeye Community Bank's Internet Banking Services) means our services that allow you to obtain account information, transfer funds, make payments including our "Bill Pay" service, access accounts, and perform other transactions over the Internet by use of a personal computer and modem and/or other means we authorize or allow. "Bill Pay" or "Bill Payment" means our Internet Bill Payment service that allows you to direct payments from your designated Bill Pay checking account to third parties you wish to pay. "Business Day" means Monday through Friday. Holidays are not included. Time of day references when using our Services are to Eastern Standard Time or Eastern Daylight Time, as applicable.

When you use our Services or you permit another person to use our Services, you agree to the terms and conditions we have set out in this agreement and any instructional material that we provide you regarding the Services.

Access to Services
Our Services are for authorized use by Buckeye Community Bank customers only. Attempted unauthorized access is a violation of federal law and will be prosecuted to the full extent of the law.

You must have at least one eligible personal deposit, credit, or other account type with us. You may not designate any account that requires more than one signature for withdrawals. You must be the owner of this account (or accounts). Your accounts with us must be in good standing. For Bill Pay services, you must have a checking account that will be designated as the account from which bill payments will be made.

You, or someone you have authorized by giving them your Access Codes, can instruct us to provide information or perform transactions on any of your accounts for which you have enrolled for Services including:
a. Account Information - information, including transaction history, about your accounts.
b. Funds Transfers - make transfers between your accounts.
c. Bill Pay - make current, future and recurring payments from an eligible personal Buckeye Community Bank checking account. See Bill Pay section below.
d. Download transactions - download information into certain personal finance software products.
e. Other Services - obtain other services or perform other transactions that we may authorize.

Access Codes
To access our Services you must use the identification code and/or other means we establish or provide for your Internet Banking Customer Account, together with a password (collectively referred to as "Access Codes"). Anyone to whom you provide your Access Codes will have full access to your accounts even if you attempt to limit that person's authority. For your protection, we recommend that you do not use the same Access Codes for these Services that you use on other bank and non-bank products. You are responsible to protect your Access Codes from unauthorized access.

You agree not to allow anyone to gain access to the Services or to let anyone know your Access Codes used with the Services. You agree to assume responsibility for all transactions initiated through the Service with your Access Codes, up to the limits allowed by applicable law.

Lost or Stolen Access Codes or Unauthorized Access
If your Access Codes have been lost or stolen or you believe an unauthorized person is accessing your accounts, call us immediately at 440-233-8800 or 1-877-805-2265 or by writing to 105 Sheffield Center, Lorain, OH 44055. Telephoning us immediately is the best way of minimizing your possible losses.

To the extent that a transaction is an electronic fund transfer, you can lose no more than $50 if you notify us within two (2) business days of discovering any unauthorized use of the Services or your Access Codes. However, you can lose as much as $500 if you do not notify us within two (2) business days of discovering the unauthorized use and we can prove that we could have stopped the unauthorized use had we been notified.

If your periodic statement shows transfers that you did not make, inform us immediately. If you do not inform us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty days if we can prove that we could have stopped someone from taking the money if you had informed us in time. If a good reason (such as a long trip a hospital stay) kept you from informing us, we will extend the time period.

Incorrect Transactions on Your Statement
In case of errors or questions about your electronic transfers, notify us by calling 440-233-8800 or 1-877-805-2265 or by writing to 105 Sheffield Center, Lorain, OH 44055 as soon as you can.

You may E-mail us at feedback@buckeyebank.com. We will send e-mail back to you as confirmation that we did receive it. Because E-mail is not a secure method of communication over the Internet, we recommend that you do not include any of your account or social security numbers in your e-mail. Your name, address, and a brief message as to what the problem might be is all we will need.

We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. If you do not report unauthorized transactions within sixty (60) days after the statement(s) are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the 60 day period which would not have been lost if we had been notified in time. If you report errors or questions to us orally, you must send the complaint or question to us in writing within 10 business days in order to preserve your rights.

In your letter, give us the following information:
1.  Tell us your name and account number.
2.  Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3.  Tell us the dollar amount of the suspected error.


We will determine whether an error occurred within 10 business days (20 business days for new accounts) 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 credit your account within 10 business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If you report an error or question orally and we do not receive a written complaint or question in writing with in 10 business days, we may not recredit your account.

We will tell you the results of our investigation within three business days after completing our investigation. If we decide that there was no error, we will send you a written explaination. You may ask for copies of the documents that we used in our investigation.

For suspected loan transaction errors, you do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question.

Transfer and Payment Limits
You must have enough available collected funds or credit in any account from which you instruct us to make a payment or transfer. If the date you schedule a payment to be made is not a Business Day, funds must be available in your account the following Business Day. Bill payments will be debited to your account on the date you schedule the payment (or the next Business Day, if applicable).

Preauthorized Payments Stop Payment
If you told us in advance to make regular payments out of your accounts, you can stop any of these payments. Here's how: Call us at 440-233-8800 or 1-877-805-2265, or write us at 105 Sheffield Center, Lorain, OH 44055, in time to receive your request 3 business days or more before 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 $20 for each stop payment order you give.)

Notice of Varying Amounts
If you told us in advance to make regular payments out of your account and these regular payments may vary in amount, we 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.)

Bill Payment
Bill payments and transfers must be payable in U.S. dollars to a payee located in the United States. You can use the bill payment service to pay anyone except Government Agencies. We reserve the right to restrict types of payees to whom payments may be made using the Services from time to time. You should not use the Bill Pay service to make payments to settle securities purchases, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.

If any of your qualifying accounts are money market or savings accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than six (6) in any specified period. You agreed to the "Terms and Conditions of Your Deposit Account" that you received when you opened your deposit account. Please refer to those terms and for more information on applicable transaction limits. You may request another disclosure of these from the bank at any time.

There is a monthly bill payment fee of $4.50 for the first 10 bill payments. There is a charge of $0.35 for each additional bill.

Bill payments from your eligible account are limited to $9,999.99 per payment. Payments can be entered, edited, or deleted Sunday through Friday until 11:00pm EST the day before the scheduled payment date.

Bill Payment Deadlines
You must schedule a bill payment ten (10) business days prior to the Payee's due date for check payments and four (4) business days prior to the due date for electronic payments to allow for proper and timely posting to your payee account. This means you must schedule the payment date to be either 10 or 4 days, as applicable, prior to the due date.

Bill Payment "Stop Payments"
If you wish to stop payment on a Bill Payment you must delete the payment from the Bill Pay system before 11:00pm EST, Sunday through Friday, the day before the scheduled payment date.

Bill Payment Risk Reduction Measures
We, or our agent, may, in our discretion, implement features to reduce credit risks. These may include, but are not limited to, pre-authorized drafts for business customers, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until after good funds are received.

Bill Payments and Transfers - Your Responsibility
You are responsible for all transfers and bill payments you authorize using the Services. If you permit other persons to use the Services or your Access Codes, you are responsible for any transactions they authorize from your linked eligible accounts. You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you have given someone your Access Codes and want to terminate that person's authority, you must change your Access Codes to prevent further access by such person.

You are responsible for having sufficient funds in your account(s). You are liable for our standard fees associated with overdrafts in your account or for insufficient funds (NSF's). If your account does not have sufficient funds to make a payment as of the scheduled date, the payment will be canceled and no further attempt will be made by our agent or us to complete the payment. You are responsible for making alternative arrangements for the payment or for rescheduling the payment through the Service. In the case of recurring payments, only the currently scheduled payment will be cancelled. Payments scheduled for future dates will not be affected. In the event you have sufficient funds to make some, but not all, scheduled payments, we or our agent may, in our sole discretion, determine which payments to complete.

You agree that when any transfer, bill payment, or other transaction is generated by the Services, we may debit your designated account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you.

Bill Payments and Transfers - Our Responsibility for Completing
If we, or a third party acting as our agent, do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we are responsible except:

1.  If, through no fault of ours, you do not have sufficient collected funds in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
2.  If any payment or transfer would go over the credit limit of any account.
3.  If our equipment was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
4. If your equipment was not working properly.
5. If you have not given us complete, correct or current account numbers, other identifying information, or instructions so that we can properly credit your account or otherwise complete the transaction.
6. If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
7. If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it's due as described in the Payment Deadlines section.
8. If a timely bill payment is made but the payee nevertheless does not credit your account promptly after receipt.
9. If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim that restricts access to the funds.
10. If we or our agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed.
11. If circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.
12. If circumstances or persons beyond our or our agent's control prevent, delay, intercept, or alter the making of a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, computer failure, telecommunications breakdowns or interruptions, labor disputes, delays caused by payees, interruption of service by ATM or other payment networks, fires, floods, and other natural disasters.

Our liability to reimburse payee-imposed late fees, provided the payment was scheduled and made in accordance with the above requirements, shall not exceed $50. We may attempt on your behalf to have a late fee reversed or waived. We have no liability for late fees for payments not initiated following the instructions defined in this agreement or provided in other instructional materials regarding the Services. In no event shall we be liable for damages that exceed your actual loss due to our failure to complete a transfer, and we shall not be liable for any indirect, incidental, or consequential damages.

Limitation of Liability
You agree that our liability for viruses, worms, trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site shall be limited to replacing, or the reasonable cost of replacing, the lost information, software, or other material.

You agree that each party shall bear the liability or the risk of any error or loss of data, information, transactions or other losses that may be due to the failure of their respective computer system or third party communications provider on which each party may rely.

We shall have no liability to you for any damage or other loss, direct, indirect, incidental, or consequential, that you may incur from such viruses, worms, trojan horses, or other similar harmful components or by reason of your use of your computer system or your communications provider.

We shall not be liable for any losses resulting from circumstances over which we have no direct control, including, but not limited to, the failure of electronic or mechanical equipment or communications lines, telephone or other interconnect problems, operator errors, log-in sequences, severe weather, earthquakes, floods and other such events. You acknowledge that there are alternative methods for accessing the information and conducting the transactions provided by the Services, such as payment by check. In the event you experience problems in accessing the Services, you will attempt to access such information and conduct such transactions by such alternative methods.

There may be other exceptions to our liability as stated in your Depositor Agreement or other agreements you have with us.

Electronic Payments
Payments made electronically over an automated clearinghouse system ("ACH") are governed by the rules and performance standards of the network as promulgated by the National Automated Clearing House Association (NACHA) as they may currently exist and as they may be amended from time to time. For more information on these rules, please contact our customer service department.

Periodic Statements
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 (440) 233-8800 to find out whether or not the deposit has been made.

You will be mailed periodic statements for your account(s) as regularly provided for in the depositor or credit agreement applicable to your accounts. Your statements will reflect any transfers or bill payments you authorize using the Services.

You will get a monthly account statement unless there are on transfers in a particular month. In any case you will get a statement at least quarterly.

Business Days and Hours of Operation
Our Buckeye Internet Banking Services are generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Transfers made after 4:00 p.m. EST will be processed on the next business day. Holidays are not business days.

Changes/Interruptions in Service
We may periodically perform maintenance on our equipment or system that may result in a temporary interruption of service or errors in the Service. We may also change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.

Charges / Fees
Once you are an enrolled user of the Services, you agree to the terms and conditions of this account including any schedule of charges that may be imposed. You shall be subject to any future charges and fees after 30 days prior notice. You authorize us to automatically deduct all applicable charges and fees from your primary checking (or other applicable) account with us.

You are responsible for paying any Internet service provider fees, telephone charges, or other utility fees you may incur to connect with Buckeye Community Bank's Internet Banking service.

Internet Privacy Statement
Buckeye Community Bank is committed to protecting customer confidentiality. As we explore new technological innovations that allow us to better serve our customers, we will ensure that privacy and information security standards are upheld.

By understanding our customers, we are able to create more effective relationships. This allows us to provide superior service, special offers, and to design relevant products based on our customers' needs.

We generally do not share information about our customers with other companies except in order to conduct our business, comply with applicable law, and to protect against fraud. For example, we may disclose information to third parties about your accounts if:
• we have entered into an agreement to have another party provide the Bill Pay service.
• it is necessary for completing transfers and bill payments.
• it is necessary to verify the existence and condition of a payment account for a payee or holder of a check issued by use of the Bill Pay service.
• in order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to provide information to regulatory authorities and law enforcement agencies in accordance with applicable law.
• if you give us your written permission.


We will not sell your name or information about you to other companies.

We have established and continually maintain security standards and procedures to help us protect you from unauthorized access to confidential information about you, including through the Internet.

Important Note for Non-Personal Account Holders
The loss, theft, or unauthorized use of your Access Codes could cause you to lose all of the money in your account, plus any amount available under your overdraft protection credit line or other credit lines linked to your deposit account utilized for bill payments, transfers, or cash management services (separate agreement required for cash management services). YOUR USE OF THE SERVICES UNDER A NON-PERSONAL DEPOSIT ACCOUNT IS YOUR AGREEMENT TO ASSUME ALL RISKS AND LOSSES ASSOCIATED WITH THE DISCLOSURE OF YOUR ACCESS CODES TO YOUR EMPLOYEES OR OTHER PERSONS. YOU AGREE TO LIMIT THE DISCLOSURE OF YOUR ACCESS CODES TO THOSE EMPLOYEES AND OTHER PERSONS YOU AUTHORIZE TO USE THE SERVICES.

Security
In order to maintain secure communications and reduce fraud, you agree to protect the security of your Access Codes. We reserve the right to block access to the Services if we reasonably believe the confidentiality of your Access Codes may have been compromised and/or that they may be being used by an unauthorized person. We also may require you to utilize Internet browser software meeting certain minimum-security requirements in order to access our Services.

Severability
If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Area of Service
The Services described in this agreement and any application for services available at our site are solely offered to citizens and residents of the United States of America and may not be accessed while outside of the USA.

Termination / Inactivity
We may terminate this agreement and any services provided hereunder at any time without notice if we reasonably believe you are violating any of the terms and conditions of this agreement. Otherwise, either you or we may terminate this agreement and any service provided hereunder at any time by giving at least five (5) business days prior written notice of termination to the other party. If you terminate a transfer or Bill Pay service, you authorize us to continue making transfers, payments, and other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice. Once we have acted on your notice, we have no responsibility to make any transfers, bill payments, or other transactions you have may have previously authorized.

If you are not paying a monthly service charge for the Services, we may terminate your Service access if you do not sign on to the Service or have any transactions scheduled through the service for any consecutive ninety (90) day period. If your service is terminated for inactivity, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

Information Collection
We collect personal “nonpublic” information in order to process transactions and provide our customers with the financial products and services they request. This information includes, name, address, telephone number, account balance, payment history, and overdraft history.

This personal “non-public” information may be collected from the following sources:

  • Information you provide to us, such as that on applications or forms for loans and accounts.
  • Information from other third-party providers such as credit bureaus, real estate appraisers, and employers.
  • Information about your transaction with our bank.

Miscellaneous
This agreement shall be governed by and interpreted under Ohio and Federal Law.

We may amend this agreement by giving notice to you at least 30 days prior to the effective date of the amendment, unless law or applicable regulation otherwise requires such amendment. We may give notice by any one or more of the following methods: by sending notice by first-class mail or electronic mail at the address shown on our records, by placing a statement message on the statement for any of your account(s) or by posting a notice on our Internet site. You will be deemed to have received any notice by electronic mail three calendar days after it is sent. Your continued use of the Services is your agreement to the amendment(s).

We may from time to time waive fees and/or other terms or provisions of this agreement, but any such waiver shall not be deemed a waiver of the term or provision in the future.

We may assign the rights and duties under this agreement to another party.

I Accept