TSB Online Agreement and Secure Application

Important Information!

In order to apply for TSB Online, you must be a current customer of Tioga State Bank.  If you are not a current customer, we invite you to contact our Customer Service Center representatives at (888) 303-4TSB (4872) or visit one of our offices to discuss the wide array of financial products and services available at Tioga State Bank.

The following application is for both TSB Online Banking & TSB Online Bill Pay. Each account owner must complete an application to obtain an individual TSB Online ID.  Our commercial customers are invited to contact their TSB business banker to discuss the E-Cash Management options available to commercial customers.

Please note that only one application needs to be submitted for each individual TSB Online user, either online or at a TSB office.

Upon receipt and processing of your application, information about TSB Online and how to login will be mailed to the address we have on file for you within three to five business days.

Please read the TSB Online Agreement below before completing our secure TSB Online Banking & Bill Pay Application.   The TSB Online Agreement describes the rights and obligations as a user of TSB Online Banking and TSB Online Bill Pay.   It also describes the rights and obligations of Tioga State Bank.   Please read this Agreement carefully and print and retain a copy of the Agreement for your records.  By clicking the “I AGREE” button below, you agree to comply with the terms and conditions and acknowledge your receipt and understanding of this Agreement.

You must scroll down and click the “I AGREE” button at the bottom of this agreement to continue the application process.

If you press the “I DO NOT AGREE” button, you will be returned to the Tioga State Bank home page.


TSB Online Agreement

1. Meaning of some words. In this agreement:

a. “We,” “us,” “our” and “ours” mean Tioga State Bank, 1 N. Main Street, P.O. Box 386, Spencer, NY 14883-0386;

b. “You” and “your” mean any individual who submits to us an application for TSB Online, any corporation, partnership, limited liability company or other business organization, or any city, town, village, school district or other governmental body, on behalf of which this agreement is signed or any individual who signs this agreement on his or her own behalf;

c. “Your application” means your application to us for TSB Online, as originally submitted to us or as changed by any updating information submitted to us at any time, whether through TSB Online, in writing or in any other way;

d. “Your deposit accounts” means all deposit accounts with us that are approved by us as accessible for transfers of funds through TSB Online Banking;

e. “Your payment account” means, if TSB Online Bill Pay is elected in your application or E-Cash Management is elected in your application and approved by us, your deposit accounts to be used for payments through TSB Online Bill Pay or for E-Cash Management;

f. “Your line of credit accounts” mean all line of credit accounts with us that are approved by us as accessible for transfers of funds through TSB Online Banking;

g. “Your loan accounts” mean your line of credit accounts and all other mortgage, installment and other loan accounts with us that are approved by us as accessible for transfers of funds through TSB Online Banking;

h. “Authorized party” means, if you are an individual, you or, if you are a corporation, partnership, limited liability company or other business organization or a city, town, village, school district or other governmental body, any individual authorized by you to transact all business relating to your deposit accounts and your loan accounts that he or she deems necessary or appropriate;

i. “Your administrator” means, if you are an individual, you or, if you are a corporation, partnership, limited liability company or other business organization or a city, town, village, school district or other governmental body, the individual designed in your application as the administrator of TSB Online on your behalf;

j. “Additional user” means any individual, whether or not an authorized party or employee of yours, designated by your administrator as a user of TSB Online on your behalf;

k. “Your identification numbers” means all the customer identification numbers and personal identification numbers assigned by us to you as an individual, to your administrator, or by your administrator to any additional user, or chosen by your administrator or any additional user, for use with TSB Online.

2. Your deposit accounts. You represent to us that none of your deposit accounts is a fiduciary account, an account for which two or more persons are required to sign a check written on the account or a withdrawal form for the account or an account subject to a similar restriction. However, no limitation on a transfer of funds or payment from any of your deposit accounts arising because the account is a fiduciary account, because the account is one for which two or more persons are required to sign a check written on the account or a withdrawal form for the account or because the account is subject to a similar restriction will apply to any transfer of funds or payment initiated by an order described in Section 8, 9 or 10.

3. Disclaimer of warranties. TSB ONLINE IS PROVIDED BY US “AS IS,” “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE PRECEDING SENTENCE, WE DO NOT MAKE, EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW, AND WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ANY EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OF ANY KIND (FOR EXAMPLE, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) CONCERNING TSB ONLINE.

4. Limitation of liability. The selection, installation, maintenance, operation and use of the computer, related equipment and services (for example, modem, telephone or other telecommunications equipment and telephone or other internet access service) and software you use for TSB Online are your responsibility. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LIABILITY, LOSS OR DAMAGE (FOR EXAMPLE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES), WHETHER BASED IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE FOLLOWING THINGS, EVEN IF WE ARE ADVISED OF OR OTHERWISE KNOW OR SHOULD KNOW OF THE POSSIBILITY OF THE LIABILITY, LOSS OR DAMAGE:

a. ANY ERROR IN THE SELECTION, INSTALLATION, MAINTENANCE, OPERATION OR USE, OR ANY CONFIGURATION PROBLEM OR INCOMPATIBILITY, OF THE COMPUTER, RELATED EQUIPMENT AND SERVICES OR SOFTWARE;

b. ANY FAILURE OR MALFUNCTION OF THE COMPUTER, RELATED EQUIPMENT AND SERVICES OR SOFTWARE;

c. ANY FAILURE OR MALFUNCTION OF, OR ANY COMPROMISE OF DATA SENT USING, ANY TELEPHONE OR OTHER INTERNET ACCESS SERVICE YOU USE TO CONNECT TO TSB ONLINE;

d. ANY VIRUS OR SIMILAR PROBLEM RESULTING FROM THE USE OF TSB ONLINE; OR

e. ANY FEATURE OR FUNCTION OF ANY OF THE SOFTWARE THAT IS NOT INVOLVED WITH TSB ONLINE (FOR EXAMPLE, HOME BUDGETING).

5. Your identification numbers. Your identification numbers will be used to initiate orders and requests described in Sections 8, 9, and 10 through TSB Online. A customer identification number called an Online ID and a password called an Online Password will be required for use with TSB Online. We will assign the customer identification number to you, but you may rename it with an alias. We will assign a temporary password to you for use with TSB Online, but you will be required to choose a new password for use with TSB Online. You should not choose as the new password any personal identification number for any electronic banking card that can be used to obtain access to any deposit account you have with us now or in the future. Not you, your administrator nor any additional user should choose as any of your identification numbers any personal identification number for any electronic banking card that can be used to obtain access to any deposit account you have or your administrator or any additional user has with us now or in the future. You may not allow anyone else to have any of your identification numbers unless you authorize him or her to use TSB Online in any way described in Section 8, 9 or 10. You must keep your identification numbers confidential and in a secure location separate from the computer, related equipment and software you use for TSB Online. For reasons of security, we may, at any time and without any notice to you, render any of your identification numbers ineffective. We will not be liable for any damage you suffer as a result of your allowing anyone else (for example, a party that aggregates account information or content of websites) to have any of your identification numbers.

6. Your responsibility for orders. You will be responsible for and bound by each order described in Section 8, 9 or 10 that is given through TSB Online by anyone else you allow to have any of your identification numbers or to use TSB Online in any way described in Section 8, 9 or 10, and the order and each transfer of funds or payment initiated by the order will be covered by this agreement as though the order had been given by you.

7. Features of TSB Online. TSB Online has three features: TSB Online Banking, TSB Online Bill Pay and E-Cash Management. TSB Online Banking is always included in TSB Online, while TSB Online Bill Pay is included in TSB Online only if elected in your application, and E-Cash Management is included in TSB Online only if elected in your application and approved by us.

8. TSB Online Banking. Subject to the provisions of this agreement, TSB Online Banking may be used to:

a. Give an order to us to make a non-recurring transfer of funds from any of your deposit accounts to any other of your deposit accounts or any of your loan accounts or from any of your line of credit accounts to any other of your loan accounts or any of your deposit accounts;

b. Give an order to us to make a series of recurring transfers of funds of the same amount from any of your deposit accounts to any other of your deposit accounts or any of your loan accounts or from any of your line of credit accounts to any other of your loan accounts or any of your deposit accounts;

c. Give an order to us changing or canceling an order described in clause a of this sentence that was previously given through TSB Online Banking;

d. Give an order to us changing or canceling as to all future transfers of funds an order described in clause b of this sentence that was previously given through TSB Online Banking; and

e. Request information available through TSB Online Banking concerning any deposit or loan account with us that is approved by us as accessible for information through TSB Online Banking (for example, information concerning deposits in and withdrawals from a deposit account and the balance of the deposit account).

9. TSB Online Bill Pay. Subject to the provisions of this agreement, TSB Online Bill Pay may be used to:

a. Give an order to us to make a non-recurring payment from your payment account;

b. Give an order to us to make a series of recurring payments of the same amount from your payment account;

c. Give an order to us changing or canceling an order described in clause a of this sentence that was previously given through TSB Online Bill Pay;

d. Give an order to us canceling as to all future payments an order described in clause b of this sentence that was previously given through TSB Online Bill Pay; and

e. Request available information concerning payments from your payment account made through TSB Online Bill Pay. Any payment from your payment account made through TSB Online Bill Pay will be made by either an electronic transfer of funds through an automated clearing house to the payee of the payment or the sending of a check to the payee. Because the payee will not receive a payment stub with the payment and because the payee may process payments made without a payment stub at a different location than is normally the case or may take longer than is normally the case to process those payments, it may be advisable for you to verify with the payee the address to which the payment should be sent and the period of time required for the posting of the payment.

10. E-Cash Management. Subject to the provisions of this agreement, E-Cash Management may be used to:

A. Give an order to us to make a transfer of funds by an electronic transfer of funds through an automated clearing house from a deposit account maintained by you or someone other than you with us or another financial institution to another deposit account maintained by you or someone other than you with us or another financial institution as long as one of the accounts is maintained by you;

B. Give an order to us to make a transfer of funds by a wire or intrabank transfer of funds from your payment account to a deposit account maintained by someone other than you with us or by you or someone other than you with another financial institution; and

C. Give an order to us to stop the payment of any check written on any demand deposit, NOW or money market investment account you have with us now or in the future. Any order to stop the payment of a check given through E-Cash Management will be subject to our general rules concerning orders to stop the payment of a check, except that the order need not be confirmed in writing. For example, the order will be effective for six months after the date it is placed against the account on which the check is written. You must pay in connection with the order the normal fee charged by us for an order to stop the payment of a check.

11. Cancellation of TSB Bill Pay. We will discontinue your access to TSB Bill Pay after 3 consecutive months of non use.

12. Initiation, processing, charging, changing and cancellation of orders. The following rules apply to the initiation, processing, charging, changing and cancellation of orders described in Sections 8, 9, and 10 that are given through TSB Online:

a. If an order to make a non-recurring transfer of funds is given through TSB Online Banking:

i. The order must schedule the transfer to be made on a specified date;

ii. The transfer will be scheduled to be made on the date the order schedules it to be made, except that:

A. The transfer will be scheduled to be made on our first business day after that date if that date is the day we receive the order and either that date is not a business day of ours or we receive the order after 3:00 p.m. eastern United States time on that date; and

B. The transfer will be scheduled to be made on our last business day before that date if that date is not the day we receive the order and is not a business day of ours and we receive the order by 3:00 p.m. eastern United States time on our last business day before that date;

iii. The transfer may be charged against the account from which it is to be made as early as the date on which it is scheduled to be made; and

iv. The order may be changed or canceled until 3:00 p.m. eastern United States time on the date on which the transfer is scheduled to be made.

b. If an order to make a series of recurring transfers of funds is given through TSB Online Banking:

i. The order must provide for the transfers to be equal in amount and regular in frequency on a weekly, semi-monthly or monthly basis and must schedule them to begin on a specified date after the day we receive the order;

ii. Each of the transfers will be scheduled to be made on the date the order schedules it to be made, except that, if it is the first of the transfers:

A. It will be scheduled to be made on our first business day after that date if that date is the day we receive the order and either that date is not a business day of ours or we receive the order after 3:00 p.m. eastern United States time on that date; and

B. It will be scheduled to be made on our last business day before that date if that date is not the day we receive the order and is not a business day of ours and we receive the order by 3:00 p.m. eastern United States time on our last business day before that date;

iii. Each of the transfers may be charged against the account from which it is to be made as early as the date on which it is scheduled to be made; and

iv. The order may be changed or canceled with respect to any of the transfers until 3:00 p.m. eastern United States time on the date on which the transfer is scheduled to be made.

c. If an order to make a non-recurring payment is given through TSB Online Bill Pay:

i. The order must provide as the payee of the payment a party that is located in the United States, would not be receiving the payment under a court order and is not regarded by us as ineligible for payment through TSB Online Bill Pay;

ii. The order may not provide for the payment to be made in other than United States funds;

iii. The order must schedule the payment to be made on a specified date;

iv. The payment will be scheduled to be made on the date the order schedules it to be made, except that:

A. The payment will be scheduled to be made on the first day after that date that is any day Monday through Saturday and is not a legal holiday if that date is the day we receive the order and either that date is a Sunday or legal holiday or we receive the order after 3:00 p.m. eastern United States time on that date; and

B. The payment will be scheduled to be made on the last day before that date that is any day Monday through Saturday and is not a legal holiday if that date is not the day we receive the order and is a Sunday or legal holiday and we receive the order by 3:00 p.m. eastern United States time on the last day before that date that is any day Monday through Saturday;

v. The payment may be charged against your payment account as early as the date on which it is scheduled to be made; and

vi. The order may be changed or canceled until 3:00 p.m. eastern United States time on the day before the date on which the payment is scheduled to be made.

d. If an order to make a series of recurring payments is given through TSB Online Bill Pay:

i. The order must provide for the same payee of all of the payments and must provide as the payee a party that is located in the United States, would not be receiving the payments under a court order or is not regarded by us as ineligible for payment through TSB Online Bill Pay;

ii. The order must provide for the payments to be equal in amount, and regular in frequency on a weekly, biweekly, semi-monthly, monthly, quarterly, semi-annual or annual basis and must schedule them to begin on a specified date;

iii. The order may not provide for any of the payments to be made in other than United States funds;

iv. Each of the payments will be scheduled to be made on the date the order schedules it to be made, except that, if it is the first of the payments:

A. It will be scheduled to be made on the first day after that date that is any day Monday through Saturday and is not a legal holiday if that date is the day we receive the order and either that date is a Sunday or legal holiday or we receive the order after 3:00 p.m. eastern United States time on that date; and

B. It will be scheduled to be made on the last day before that date that is any day Monday through Saturday and is not a legal holiday if that date is not the day we receive the order and is a Sunday or legal holiday and we receive the order by 3:00 p.m. eastern United States time on the last day before that date that is any day Monday through Saturday;

v. Each of the payments may be charged against your payment account as early as the date on which it is scheduled to be made; and

vi. The order may be changed or canceled with respect to any of the payments until 3:00 p.m. eastern United States time on the day before the date on which the payment is scheduled to be made.

e. If an order to make a transfer of funds by an electronic transfer of funds through an automated clearing house is given through E-Cash Management:

i. The transfer will be subject to the provisions of any agreement between you and us governing transfers of funds by an electronic transfer of funds through an automated clearing house even if the agreement does not refer to an order given through E-Cash Management;

ii. If the transfer is to be made from your payment account, the total of the amount of the transfer and the amounts of all other transfers of funds from your payment account to be made the same day by an electronic transfer of funds through an automated clearing house may not exceed a limit set by your administrator; and

iii. To the extent not governed by the provisions of an agreement between you and us governing transfers of funds by an electronic transfer of funds through an automated clearing house, the transfer will be subject to the rules set forth in Section 8a for an order to make a non-recurring transfer of funds through TSB Online Banking.

f. If an order to make a transfer of funds by a wire or intrabank transfer is given through E-Cash Management:

i. The transfer will be subject to the provisions of any agreement between you and us governing transfers of funds by a wire or intrabank transfer of funds even if the agreement does not refer to an order given through E-Cash Management;

ii. If the transfer is to be made from your payment account, the amount of the transfer may not exceed a limit set by your administrator; and

iii. To the extent not governed by the provisions of an agreement between you and us governing transfers of funds by a wire or intrabank transfer of funds, the transfer will be subject to the rules set forth in Section 11a for an order to make a non-recurring transfer of funds through TSB Online Banking.

13. Limitations and other rules applicable to transfers of funds and payments. The following limitations and other rules apply to transfers of funds and payments initiated by orders described in Sections 11, 12 and 13 that are given through TSB Online:

a. Any transfer of funds from a deposit account ordered through TSB Online Banking or E-Cash Management will be subject to the funds being available for withdrawal from the account when the order to make the transfer is to be charged against the account with respect to the transfer and, if the transfer is to be made by a wire or intrabank transfer of funds from your payment account, subject to the funds being collected funds.

b. Any payment ordered through TSB Online Bill Pay will be subject to the funds that are to be used to make the payment being available for withdrawal from your payment account when the order to make the payment is to be charged against your payment account with respect to the payment.

c. Any transfer of funds from any of your line of credit accounts ordered through TSB Online Banking will be subject to the funds being available as credit under the account when the order to make the transfer is to be charged against the account.

d. If, when any order to make a transfer of funds or payment from a deposit account maintained by you with us given through TSB Online is to be charged against the account with respect to the transfer or payment, the amount of the transfer or payment exceeds the amount of money available for withdrawal from the account (taking into consideration, if the account is tied to a line of credit account or other overdraft facility with us, the amount of credit available under the line of credit account or other overdraft facility), we may either make the transfer or payment, in which case you will be liable for the excess, or refuse to make the transfer or payment. In either case, you will be liable for any fee applicable to the withdrawal or attempted withdrawal of money from the account in excess of the amount of money available for withdrawal from the account. But, if we refuse to make the transfer or payment, we may, but we will not have to, attempt to make it on a later business day of ours.

e. If, when any order to make a transfer of funds from any of your line of credit accounts given through TSB Online Banking is to be charged against the account, the amount of the transfer exceeds the amount of credit available under the account, we may either make the transfer, in which case the amount of the transfer will be considered to be credit extended under the account, or refuse to make the transfer. In either case, you will be liable for any fee applicable to the obtaining of the credit or attempted obtaining of credit in excess of the amount of credit available under the account.

f. For reasons of security, we may, at any time and without any notice to you or your administrator, refuse to honor any order to make a transfer of funds or payment given through TSB Online.

g. We may, at any time and without any notice to you or your administrator, refuse to honor any order to make a transfer of funds or payment given through TSB Online if the order reasonably appears to us to be fraudulent or erroneous.

h. If an order to make a transfer of funds or payment given through TSB Online contains an inconsistency in the name and account or other identifying number of an account or payee, financial institution or other party, we may, but we will not have to, treat the number as controlling and rely on the number in processing the order.

i. If any of your deposit accounts is a savings account or money market investment account, during any monthly period at the end of which we review the account there may be no more than six transfers of funds from the account that are:

i. A transfer of funds to any other of your deposit accounts ordered through TSB Online Banking;

ii. Any other computer transfer of funds to any other of your deposit accounts, any other deposit account with us or a third party;

iii. A preauthorized, automatic or telephonic transfer of funds to any other of your deposit accounts, any other deposit account with us or a third party;

iv. A transfer of funds to a third party made by using an electronic banking card (for example, a transfer of funds to pay the purchase price of goods or services); or

v. A transfer of funds made by using a check, a draft or any other order payable to a third party.

j. You will be responsible for assuring that any order to make a payment through TSB Online Bill Pay is given to us in sufficient time for the order to be processed and the payment to be sent so that the payment is received by the payee of the payment by the date the payment is to become due without taking into consideration any grace period provided by the payee, and you will be responsible, and we will not be liable, for any consequence of your not assuring that that is done (for example, any finance or late charge resulting from the payment being made late). If the payment is to be made by an electronic transfer of funds to the payee, up to three of our business days after the day we receive the order if that day is a business day of ours, or up to three of our business days after our first business day after that day if that day is not a business day of ours, will be necessary to allow for processing of the order so that the payment is received by the payee by the date it is to become due. If the payment is to be made by the preparation and sending to the payee of a check, up to five of our business days after the day we receive the order if that day is a business day of ours, or up to five of our business days after our first business day after that day if that day is not a business day of ours, will be necessary to allow for the processing of the order so that the payment is received by the payee by the date it is to become due.

k. We may at any time and without any notice to you or your administrator, refuse to honor any order to make a payment given through TSB Online Bill Pay if, because the order identifies the same payee, payment date and amount, it appears to duplicate another order to make a payment given through TSB Online Bill Pay.

14. Stopping transfer of funds or payment in series of recurring transfers of funds or payments. If an order to make a series of recurring transfers of funds or payments of the same amount is given through TSB Online, we may be ordered to stop any transfer or payment in the series by telephoning us at 888-303-4872 and asking for our Electronic Banking Department or writing us at Tioga State Bank, 1 Main Street, P.O. Box 386, Spencer, NY 14883, Attention: Electronic Banking Department, in time for us to receive the order to stop the transfer or payment at least three of our business days before the date on which the transfer or payment is scheduled to be made. The order will not be binding on us with respect to the transfer or payment if we do not receive it at least three of our business days before the date on which the transfer or payment is scheduled to be made. However, even if we do not receive the order at least three of our business days before the date on which the transfer or payment is scheduled to be made, we may follow it even though it will not be binding on us. If we receive the order at least three of our business days before the date on which the transfer or payment is scheduled to be made, we will be liable to the extent provided by applicable law for any damage you suffer as a result of our failure to comply with the order, but we will be liable for actual damages only and not consequential or punitive damages if the failure was not intentional and resulted from a bona fide error despite our maintenance of procedures reasonably adapted to avoid the error. If the order is not in writing, we may require you to provide a written confirmation of the order to us so that we receive the written confirmation within 14 days after the date the order is given to us. In that case, the order will cease to be binding on us 14 days after the date it is given to us unless we receive the written confirmation during the 14 days. However, even if we do not receive the written confirmation during the 14 days, we may continue to follow the order even though it is no longer binding on us. The order may be limited to a single transfer or payment in the series, or it may apply to all future transfers or payments in the series. If it applies only to a single transfer or payment in the series, we may, but we will not have to, allow any other transfer or payment in the series. You will be liable in connection with the order for any fee applicable to the ordering of the stopping of a transfer of funds or payment from whichever of your deposit accounts is the account from which the transfer or payment is to be made.

15. Authorization and appointment as agent. You authorize us and appoint us as your agent to take on your behalf any action we believe necessary or appropriate to implement any order described in Section 8, 9 or 10 that is given through TSB Online or to correct any error in crediting or charging any of your deposit accounts or any of your loan accounts in connection with any order described in Section 8, 9 or 10 that is given through TSB Online. For example, you authorize us and appoint us as your agent to on your behalf:

a. Withdraw money from any of your deposit accounts and deposit the money in any other of your deposit accounts in order to implement any order to make a transfer of funds from the first deposit account to the other deposit account given through TSB Online Banking;

b. Withdraw money from any of your deposit accounts and use the money to make a payment under any of your loan accounts in order to implement any order to make a transfer of funds from the deposit account to the loan account given through TSB Online Banking;

c. Obtain credit under any of your line of credit accounts and deposit the proceeds of the credit in any of your deposit accounts in order to implement any order to make a transfer of funds from the line of credit account to the deposit account given through TSB Online Banking;

d. Obtain credit under any of your line of credit accounts and use the proceeds of the credit to make a payment under any other of your loan accounts in order to implement any order to make a transfer of funds from the line of credit account to the other loan account given through TSB Online Banking; and

e. Withdraw money from your payment account in order to implement any order to make a payment from your payment account given through TSB Online Bill Pay.

f. Direct that money be withdrawn from a deposit account maintained by you or someone other than you with us or another financial institution and direct that the money be deposited in another deposit account maintained by you or someone other than you with us or another financial institution in order to implement any order to make a transfer of funds by an electronic transfer of funds through an automated clearing house from the first deposit account to the other deposit account given through E-Cash Management; and

g. Withdraw money from your payment account and direct that the money be deposited in an account maintained by someone other than you with us or by you or someone other than you with another financial institution in order to implement any order to make a transfer of funds by a wire or intrabank transfer of funds from your payment account to the other deposit account given through E-Cash Management. Our withdrawal of money from any of your deposit accounts or our obtaining of credit under any of your line of credit accounts under the authority given and the appointment as your agent made in the first sentence of this section will be as effective as though you had signed a check or withdrawal form to make the withdrawal or to obtain the credit. In addition, you authorize the bill payment processor and appoint it as your agent to take on your behalf any action it believes necessary or appropriate to implement any order described in Section 8 that is given through TSB Online Bill Pay. For example, you authorize the bill payment processor and appoint it as your agent to direct us on your behalf to withdraw funds from your payment account in order to implement any order to make a payment from your payment account given through TSB Online Bill Pay.

16. Fees. The fee schedule accompanying this agreement shows the fees you must pay for the use of TSB Online or any feature of TSB Online, which are in addition to the fees applicable to any of your deposit accounts or any other deposit account you have with us now or in the future. We may charge any of the fees against any of your deposit accounts or any other deposit account you have with us now or in the future.

17. Sufficient balance required for transfer or payment. The available account balance must be sufficient to cover the amount of the transfer or payment at the time of processing.

18. Indemnification. Except to the extent that this agreement imposes liability on us, you must indemnify us against each liability, cost and expense (for example, if we hire an attorney for advice, litigation or any other purpose, reasonable attorneys’ fees and disbursements) imposed on, incurred by or asserted against us as a direct or indirect result of our accepting or following any order described in Section 8, 9 or 10 that is given through TSB Online or our acting on any information, notice, order or other communication or document that we receive from you, your administrator or any additional user.

19. Confirmation number. Upon our confirming any order to make a payment given through TSB Online Bill Pay, we will provide to you through TSB Online Bill Pay a confirmation number for the order. The confirmation number, together with information contained in the order (for example, the amount of the payment, the date the payment is scheduled to be made and the payee of the payment) will be useful in resolving any problem with the payment that may occur.

20. Statements. Approximately once a month, we will send you or otherwise make available to you a statement for each of your deposit accounts for which checks are supplied by us as a means of making withdrawals from the account or that is combined for purposes of statements with another of your deposit accounts for which checks are supplied by us as a means of making withdrawals from the account. Approximately once a month, we will review each of your deposit accounts and send you or otherwise make available to you a statement for it if any transaction has been credited to or charged against it since we last reviewed it. But in any event, we will send you or otherwise make available to you a statement for it approximately once a quarter. Any statement for any of your deposit accounts that we send you or otherwise make available to you will show all transactions credited to or charged against the account during the period covered by the statement.

21. Business days. Our business days are Monday through Friday, excluding legal holidays.

22. Notice of loss, theft, unauthorized use or error. If you believe that any of your identification numbers has been lost or stolen, that any transaction involving any of your deposit accounts may have been or may be made without your authorization or that we may have made an error with respect to any of your deposit accounts, you must contact us at once by telephoning us at 888-303-4872 and asking for our Electronic Banking Department or writing us at Tioga State Bank, 1 Main Street, P.O. Box 386, Spencer, NY 14883, Attention: Electronic Banking Department.

23. Your liability for unauthorized use. You may have to bear the loss of money taken from any of your deposit accounts in any transfer of funds, payment or series of related transfers of funds, payments or transfers of funds and payments ordered through TSB Online by an order or orders initiated by the use of any of your identification numbers without your authorization. How much of the loss you will have to bear will depend on when we are notified that any of your identification numbers has been lost or stolen or that there are circumstances indicating that a transfer of funds or payment involving any of your deposit accounts ordered through TSB Online has been or may be initiated by the use of any of your identification numbers without your authorization. If we are notified within two of our business days after the date you learn of the loss, theft or possible unauthorized transfer or payment, you will have to bear (subject to limitations under federal law) as much as $50 of the loss. If we are not notified within those two business days and we can show that we could have stopped the taking of the money had we been notified during those two business days, you will have to bear (subject to limitations under federal law) as much as $500 of the loss. In addition to any loss you must bear under the two preceding sentences, if any statement for any of your deposit accounts that we send you or otherwise make available to you shows any transfer of funds or payment involving any of your deposit accounts ordered through TSB Online by an order initiated by the use of any of your identification numbers without your authorization, we are not notified of the unauthorized transfer or payment within 60 days after the date we send you the statement or otherwise make it available to you and we can show that we could have stopped the taking of the money had we been notified of the unauthorized transfer or payment during those 60 days, you will have to bear (subject to limitations under federal law) all of the loss occurring after the end of those 60 days and before we are notified of the unauthorized transfer or payment. For a good reason (such as a long trip or hospital stay by you), we will extend the periods of two of our business days and 60 days referred to in this section for a reasonable time.

24. Our liability for failure to make transfers of funds and payments. With exceptions, we will be liable to the extent provided by applicable law for any damage you suffer as a result of our failure to make, on time and in the correct amount, any transfer of funds or payment to or from any of your deposit accounts ordered by a timely and properly initiated order to make the transfer or payment given through TSB Online. Whether the order is timely will be determined under Section 9 and, if the order is to make a payment, paragraph j of Section 13. The order will not be properly initiated unless:

a. The computer, related equipment and software you use for TSB Online and each telephone and other internet access service you use to connect to TSB Online are properly functioning;

b. The instructions and requirements on how to give the order are properly followed;

c. The order is described in Section 8, 9 or 10 and is correct and complete (for example, if the order is to make a payment, the order includes the correct name and address of the payee of the payment, the correct account number of the account to which the payment is to be made and the correct amount of the payment); and

d. The transfer or payment would not be subject to any limitation referred to in Section 13.

Examples of exceptions to our liability are as follows:

a. We do not receive the order;

b. Before the order is to be charged against the account from which the transfer or payment is to be made, your right to use TSB Online or the feature of TSB Online involved in the transfer or payment is canceled;

c. When the order is processed or is to be charged against the account from which the transfer or payment is to be made, we in good faith believe that the order was given without your authorization (for example, because any of your identification numbers has been reported as lost or stolen) or is fraudulent;

d. The order is to make a transfer of funds and, before the order is to be charged against the account from which the transfer is to be made, either that account or the account to which the transfer is to be made is closed;

e. The order is to make a payment and we do not receive the order in time to allow us to make the payment and allow the payee of the payment to properly credit it by the date on which it is to become due, we make the payment in time to allow the payee to properly credit it by the date on which it is to become due but the payee fails to do so or, before the order is to be charged against your payment account, your payment account is closed;

f. The order is to make a transfer of funds or payment from a deposit account and through no fault of ours, when the order is processed or is to be charged against the account, the amount of the transfer or payment exceeds the amount of money available for withdrawal from the account (taking into consideration, if the account is tied to a line of credit account or other overdraft facility with us, the amount of credit available under the line of credit account or other overdraft facility);

g. The order is to make a transfer of funds from a line of credit account and through no fault of ours, when we process the order or when the order is to be charged against the account, the amount of the transfer exceeds the amount of credit available under the account;

h. When the order is processed or is to be charged against the account from which the transfer or payment is to be made, money in the account is subject to any legal process (for example, a tax levy, a subpoena or an order providing for restraint, attachment, garnishment or execution) or administrative hold restricting its removal from the account, is collateral for a loan or other extension of credit or is the subject of a dispute or legal proceeding;

i. When the order is given, TSB Online or the feature of TSB Online involved in the transfer or payment is unavailable because maintenance work is being performed on it;

j. We are prevented from making the transfer or payment by a technical malfunction and when the order is given, the individual giving it knows that TSB Online or the feature of TSB Online involved in the transfer or payment is not functioning properly;

k. An occurrence beyond our control (for example, a fire, flood, failure or malfunction of any computer or telecommunications equipment, delay or loss of mail by the postal service, act of war or terrorism or governmental action or inaction) prevents us from making the transfer or payment despite our exercise of reasonable care to prevent the occurrence and our exercise of diligence to make the transfer or payment despite the occurrence; and

l. Our failure to make the transfer or payment is justified by any provision of this agreement, by any provision of any other agreement between you and us concerning any of your deposit accounts, any of your loan accounts, any line of credit account or other overdraft facility with us to which any of your deposit accounts is tied or transfers of funds or payments to or from any of your deposit accounts, any of your loan accounts or the line of credit account or other overdraft facility or by applicable law.

If we are liable for any damage you suffer as a result of our failure to make the transfer or payment on time and in the correct amount, we will be liable for actual damages only and not consequential or punitive damages if the failure was not intentional and resulted from a bona fide error despite our maintenance of procedures reasonably adapted to avoid the error.

25. Disclosure. In the regular course of our business but not to the extent prohibited by applicable law, we will disclose information concerning any of your deposit accounts or any transaction involving the account:

a. In any receipt issued in connection with the transaction;

b. As necessary to complete the transaction or to resolve any error or dispute concerning the transaction;

c. In any statement for the account that we send or otherwise make available;

d. To someone in whose name the account is open;

e. In accordance with the written permission of someone in whose name the account is open;

f. To verify the existence and condition of the account or to report our experience concerning the account to a third party such as another financial institution, a credit reporting agency or a merchant;

g. To any affiliate of ours for the purpose of offering or providing another product or service to you;

h. To any agent, contractor or vendor of ours for the purpose of providing any service to us in the regular course of our business or completing marketing activities of ours (for example, the bill payment processor or any other party providing any service to us in connection with TSB Online); and

i. To comply with any order of any court or other governmental body or as otherwise required or allowed by applicable law.

26. Cancellation. You or your administrator may cancel your right to use TSB Online or any feature of TSB Online at any time by notifying us in writing. The cancellation will not take effect until we receive the notice and have a reasonable time to act on it. At any time, for any reason and without any notice to you or your administrator, we may cancel your right, or the right of your administrator or any additional user, to use TSB Online or any feature of TSB Online. The cancellation will take effect immediately unless we decide to have it take effect later. Once the cancellation by you or us of your right to use TSB Online or any feature of TSB Online takes effect, we may, but we will not have to, process any order described in Section 8, 9 or 10 that is given through TSB Online before the cancellation takes effect and would involve the use of a feature of TSB Online that your right to use has been canceled. Once the cancellation by us of the right of your administrator or any additional user to use TSB Online or any feature of TSB Online takes effect, we may, but we will not have to, process any order described in Section 8, 9 or 10 that is purportedly given through TSB Online by him or her before the cancellation takes effect and would involve the use of a feature of TSB Online that his or her right to use has been canceled. The cancellation by you or us of your right, or the right of your administrator or any additional user, to use TSB Online or any feature of TSB Online will not affect any of your obligations under this agreement. For example, you will remain liable under Section 24.

27. Electronic mail. We will not have to take any action based on any communication sent to us by electronic mail (for example, electronic mail sent to us through TSB Online) until we receive and have a reasonable time to act on the communication. Electronic mail (for example, electronic mail sent to us through TSB Online) must not be used to communicate to us information that is urgent or requires a prompt response or prompt action (for example, a stop payment order, a report of a lost or stolen card or a report of an unauthorized transaction involving a deposit account or line of credit account).

28. Recording and obtaining of information. You consent to the recording by us, or any other party providing any service to us in connection with TSB Online of any information, notice, order or other communication sent through TSB Online or by electronic mail (for example, electronic mail sent to us through TSB Online). In addition you consent to the obtaining by us from the payee of any payment that is ordered through TSB Online Bill Pay of any information that we consider necessary or appropriate to complete the payment or to resolve any error concerning the payment.

29. Reasonable time to act. A reasonable time for us to act on any information, notice, order or other communication or document received by us (for example, electronic mail sent to us through TSB Online) will not end until at least the close of business on our first business day after our business day we receive the information, notice, order or other communication or document.

30. Notices and change of address. Any notice or other communication or document concerning this agreement or TSB Online that we send you may be sent in any way not prohibited by applicable law (for example, through TSB Online or by electronic mail). If sent by mail, the notice or other communication or document may be sent to your current mailing address shown in our records concerning TSB Online and may be sent by regular mail. If your mailing address or electronic mail address changes, you must promptly notify us of the new address in writing. Except as otherwise provided in this agreement or by applicable law:

a. Any notice or other communication or document concerning this agreement or TSB Online that we send you will take effect when we send it; and

b. Any notice or other communication or document concerning this agreement or TSB Online that you send us must be in writing and sent by mail or courier and will not take effect until we receive it and have a reasonable time to act on it.

31. Changes in agreement. No change in this agreement can be made except as provided in this section. We may change this agreement at any time. We will send you any notice of the change that applicable law requires us to send you. If applicable law does not require us to send you any notice of the change, we will either send you a notice of it or post a notice of it on our World Wide Web site unless we consider it to be for reasons of security.

32. Changes in TSB Online. We may change TSB Online at any time by adding, deleting or changing any feature of TSB Online. We will send you any notice of the change that applicable law requires us to send you. If applicable law does not require us to send you any notice of the change, we will either send you a notice of it or post a notice of it on our World Wide Web site. By the use of any added or changed feature of TSB Online by your administrator, any additional user or anyone else your administrator or any additional user allows to have any of your identification numbers or to use TSB Online in any way described in Section 8, 9 or 10, you will be agreeing to be bound by all our requirements concerning the added or changed feature.

33. Changes in fees. We may at any time establish a new fee or change an existing fee you must pay for the use of TSB Online or any feature of TSB Online. If we establish a new fee or increase an existing fee you must pay for the use of TSB Online or any feature of TSB Online, we will send you any notice of the new fee or increase that applicable law requires us to send you. If applicable law does not require us to send you any notice of the new fee or increase, we will either send you a notice of it or post a notice of it on our World Wide Web site. We will not have to notify you if we decrease or eliminate an existing fee for the use of TSB Online or any feature of TSB Online.

34. No notice or loss of rights. We may exercise, give up, fail to exercise or delay exercising any of our rights with respect to you or TSB Online without any notice to you. By exercising, giving up, failing to exercise or delaying the exercise of any of the rights on any occasion, we will not lose that right on any other occasion or lose any other of the rights.

35. Giving up of rights. None of our rights with respect to you or TSB Online can be given up by us except in a writing signed by us.

36. No transfer of rights and obligations. You may not transfer any of your rights and obligations under this agreement or with respect to TSB Online to anyone else. Any transfer of any of the rights and obligations will be void.

37. Conflicts. If any provision of this agreement conflicts with applicable law, that law will control, and the provision will be considered changed to the minimum extent necessary to comply with that law, or, if the provision is not considered changed to the minimum extent necessary to comply with that law, it will be ineffective only to the minimum extent that it does not comply with that law, and the rest of it and the other provisions of this agreement will remain effective.

38. Continued effectiveness. If any part of this agreement is determined by a court to be invalid, the rest of this agreement will remain in effect.

39. What law applies. Any legal question concerning this agreement or TSB Online will be decided in accordance with New York State law without regard to the law of any other state and in accordance with, to the extent applicable, federal law.

40. Entire agreement. Except for any agreement between you and us concerning any of your deposit accounts, any of your loan accounts, any line of credit account or other overdraft facility with us to which any of your deposit accounts is tied or transfers of funds or payments to or from any of your deposit accounts, any of your loan accounts or the line of credit account or other overdraft facility, this agreement is the final and complete agreement between you and us concerning TSB Online. If any part of any agreement described in the preceding sentence is incompatible with any part of this agreement, the part of this agreement will control. Any statement concerning TSB Online made by any of our employees or anyone else is not part of this agreement. This agreement replaces any other agreement now existing between you and us concerning TSB Online.

CONSUMER CUSTOMERS
41. Agreement. By submitting your application to us, signing an agreement to be bound by this agreement, using TSB Online in any way described in Section 8, 9 or 10 or allowing anyone else to have any of your identification numbers or to use TSB Online in any way described in Section 8, 9 or 10, you agree to be bound by all provisions of this agreement, all our instructions and requirements concerning TSB Online or any feature of TSB Online and all legal terms and conditions contained on our World Wide Web site. The following information applies to your deposit accounts, while the agreements concerning your line of credit accounts have similar information applicable to your line of credit accounts.

In Case of Errors or Questions About Your Electronic Transfers Telephone us at 888-303-4872 and ask for our Electronic Banking Department or Write us at Tioga State Bank, 1 Main Street, P.O. Box 386, Spencer, NY 14883, Attention: Electronic Banking Department, as soon as you can, if you think that your statement is wrong or if you need more information about a transfer 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. (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.

If you tell us orally, we may require that you send us your complaint or question in writing within ten business days. We will determine whether an error occurred within ten 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 credit your account within ten 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 ten business days, we may not credit your account. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

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

COMMERCIAL/MUNICIPAL CUSTOMERS
42. Business use. You represent to us that the use of TSB Online by your administrator, any additional user or anyone else your administrator or any additional user allows to have any of your identification numbers or to use TSB Online in any way described in Section 8, 9 or 10 will be primarily for business purposes rather than personal, family or household purposes. You acknowledge that you will not have any right that applies under applicable law to deposit or credit accounts established primarily for personal, family or household purposes but not to deposit or credit accounts not established primarily for personal, family or household purposes (for example, the right to limited liability for unauthorized use of an internet banking service). Nothing in this agreement, any statement for any of your deposit accounts or any of your line of credit accounts that we send you or otherwise make available to you or any notice or other communication or document that we send you (for example, the use of a term defined in the Electronic Fund Transfer Act or the Truth in Lending Act or the giving of a notice required by the Electronic Fund Transfer Act or the Truth in Lending Act) will give you any right that applies under applicable law to deposit or credit accounts established primarily for personal, family or household purposes but not to deposit or credit accounts not established primarily for personal, family or household purposes.

43. Your administrator. You represent to us that your administrator has an unrestricted right to act alone to withdraw funds from each of your deposit accounts (for example, by signing a check written on the account or a withdrawal form for the account) and to obtain credit under each of your line of credit accounts. We may rely on the authority of your administrator to act on your behalf in connection with TSB Online (for example, by giving any order described in Section 8, 9 or 10, designating any additional user and limitations on the authority of any additional user to give any order described in Section 8, 9 or 10, terminating, or changing any limitation on, the authority of any additional user to give any order described in Section 8, 9 or 10, designating any other individual as your administrator, choosing any of your identification numbers and requesting that any of your identification numbers be rendered ineffective) until we receive from any authorized party and have a reasonable time to act on a notice that your administrator is no longer authorized to act on your behalf in connection with TSB Online.

44. Additional users. Monitoring whether any additional user is acting within his or her authority to give orders described in Sections 11, 12 and 13 is the responsibility of your administrator, and we may rely on the authority of any additional user to give any order described in Section 8, 9 or 10 as long as the order complies with the limitations set by your administrator on TSB Online for orders initiated by the use of the customer identification number of that additional user.

45. Security procedures. You acknowledge that the use of any of your identification numbers to verify that any order described in Section 8, 9 or 10 that is given through TSB Online has been given by you or on your behalf is a security procedure that is commercially reasonable for you. We may, but we will not have to, agree with you on a security procedure to detect any error in the transmission or content of any order described in Section 8, 9 or 10 that is given through TSB Online. Your administrator and each additional user must keep confidential your identification numbers and all information relating to any other security procedure referred to in this section, not reveal any of your identification numbers or any of the information to anyone not authorized to use TSB Online in any way described in Section 8, 9 or 10 and notify us of any unauthorized disclosure or use of any of your identification numbers or any of the information. We may, but we will not have to, monitor the use of any of your identification numbers or any other security procedure referred to in this section and report any possible breach of any of your identification numbers or the other security procedure to you.

46. Notice of loss, theft, unauthorized use or error. If your administrator or any additional user believes that any of your identification numbers has been lost or stolen, that any transaction involving any of your deposit accounts or any of your line of credit accounts may have been or may be made without your authorization or that we may have made an error with respect to any of your deposit accounts or any of your line of credit accounts, your administrator or that additional user must contact us at once by telephoning us at 607-589-7000 and asking for our Electronic Banking Department or writing us at Tioga State Bank, 1 Main Street, P.O. Box 386, Spencer, NY 14883, Attention: Electronic Banking Department. If any statement for any of your deposit accounts, any other deposit account maintained by you with us or any of your line of credit accounts that we send you or otherwise make available to you indicates that a transaction involving the account may have been made without your authorization during the period covered by the statement or that we may have made an error with respect to the account during that period, you will lose any right to make any claim against us based on the transaction or error unless your administrator notifies us in writing of the transaction or error within 14 days after the date we send you the statement or otherwise make it available to you. If an order to us to make a transfer of funds by an electronic transfer of funds through an automated clearing house to or from a deposit account maintained by you is given to us through E-Cash Management without your authorization and neither the deposit account from which the transfer is to be made nor the deposit account to which the transfer is to be made is maintained by you with us, you will lose any right to make any claim against us based on the unauthorized transfer unless your administrator notifies us in writing of the unauthorized transfer within 14 days after the date the order is given to us.

47. Liability for unauthorized use. How much you will have to bear of any loss of money taken from any of your deposit accounts or any other deposit account maintained by you or someone other than you with us or another financial institution in any transfer of funds or payment ordered through TSB Online by an order initiated by the use of any of your identification numbers without your authorization will be determined by applicable law and any agreement between you and us concerning the account or transfers of funds or payments from the account (for example, an agreement between you and us governing transfers of funds by an electronic transfer of funds through an automated clearing house or by a wire or intrabank transfer of funds), but:

EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OF MONEY TAKEN FROM THE ACCOUNT IN ANY TRANSFER OF FUNDS OR PAYMENT ORDERED THROUGH TSB ONLINE BY AN ORDER INITIATED BY THE USE OF ANY OF YOUR IDENTIFICATION NUMBERS WITHOUT YOUR AUTHORIZATION BY YOUR ADMINISTRATOR, ANY ADDITIONAL USER OR ANYONE ELSE YOUR ADMINISTRATOR OR ANY ADDITIONAL USER ALLOWS TO HAVE ANY OF YOUR IDENTIFICATION NUMBERS OR TO USE TSB ONLINE IN ANY WAY DESCRIBED IN SECTION 8, 9 OR 10;

EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OF MONEY TAKEN FROM THE ACCOUNT IN ANY TRANSFER OF FUNDS OR PAYMENT ORDERED THROUGH TSB ONLINE BY AN ORDER INITIATED BY THE USE OF ANY OF YOUR IDENTIFICATION NUMBERS WITHOUT YOUR AUTHORIZATION BEFORE WE RECEIVE AND HAVE A REASONABLE TIME TO ACT ON A NOTICE OF THE POSSIBLE UNAUTHORIZED USE OF ANY OF YOUR IDENTIFICATION NUMBERS WITHOUT YOUR AUTHORIZATION;

EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OF MONEY TAKEN FROM THE ACCOUNT IN ANY TRANSFER OF FUNDS OR PAYMENT ORDERED THROUGH TSB ONLINE BY AN ORDER INITIATED BY THE USE OF ANY OF YOUR IDENTIFICATION NUMBERS WITHOUT YOUR AUTHORIZATION UNLESS WE FAIL TO EXERCISE ORDINARY CARE IN PROCESSING THE TRANSFER OR PAYMENT; AND

IN THE CASE OF ANY LOSS OF MONEY TAKEN FROM THE ACCOUNT IN ANY TRANSFER OF FUNDS OR PAYMENT ORDERED THROUGH TSB ONLINE BY AN ORDER INITIATED BY THE USE OF ANY OF YOUR IDENTIFICATION NUMBERS WITHOUT YOUR AUTHORIZATION, OUR LIABILITY WILL BE LIMITED, EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW, TO THE AMOUNT OF THE TRANSFER OR PAYMENT LESS ANY AMOUNT THAT, EVEN WITH OUR EXERCISE OF ORDINARY CARE, WOULD HAVE BEEN LOST.

48. Our liability for failure to make transfers of funds and payments. Our liability for damages you suffer as a result of our failure to make or cause to be made, on time and in the correct amount, any transfer of funds or payment to or from any of your deposit accounts or any other deposit account maintained by you or someone other than you with us or another financial institution ordered by a timely and properly initiated order to make the transfer or payment given through TSB Online will be determined by applicable law and any agreement between you and us concerning the account or transfers of funds or payments to or from the account (for example, an agreement between you and us governing transfers of funds by an electronic transfer of funds through an automated clearing house or by a wire or intrabank transfer of funds), but:

EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LIABILITY, LOSS OR DAMAGE NOT RESULTING DIRECTLY FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; AND

EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LIABILITY, LOSS OR DAMAGE (FOR EXAMPLE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES), WHETHER BASED IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, IN ADDITION TO ACTUAL DAMAGE, EVEN IF WE ARE ADVISED OF OR OTHERWISE KNOW OR SHOULD KNOW OF THE POSSIBILITY OF THE LIABILITY, LOSS OR DAMAGE.

49. Our liability for failure to comply with order to stop transfer of funds or payment. Our liability for damages you suffer as a result of our failure to comply with any order to stop a transfer of funds or payment ordered through TSB Online that you have a right to stop under applicable law will be determined by applicable law and any agreement between you and us concerning the account from which the transfer or payment is to be made, but:

EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LIABILITY, LOSS OR DAMAGE NOT RESULTING DIRECTLY FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; AND

EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LIABILITY, LOSS OR DAMAGE (FOR EXAMPLE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES), WHETHER BASED IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, IN ADDITION TO ACTUAL DAMAGE, EVEN IF WE ARE ADVISED OF OR OTHERWISE KNOW OR SHOULD KNOW OF THE POSSIBILITY OF THE LIABILITY, LOSS OR DAMAGE.

November 2007


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