NetBanc Internet Banking Agreement

WHAT THIS AGREEMENT COVERS

UBM is a privately held, commercial bank, chartered in Minnesota. It is a full service bank that provides a full set of “Consumer” Oriented, Online Internet Banking Services hereinafter referred to as NetBanc.

This Agreement between you and UBM governs your use of NetBanc, an electronic service that permits UBM customers to access certain “consumer” oriented, online financial services through the use of the World Wide Web. Products and services provided by UBM that you may access through NetBanc are also governed by other agreements with you.

NetBanc, as used in this Agreement, includes the following Internet based UBM products and services: NetBanc, Electronic Delivery of Imaged Statements and Checks and electronic Bill Payment. In this Agreement, we will use the term “NetBanc” to refer to all of the above electronic services both individually and/or collectively. Additional services may be available in the future that will be automatically covered by this Agreement.

In addition to this Agreement, UBM’s Privacy Policy and Online Security Statement also apply to your Accounts. We suggest that you review these items in order to understand all of your relative rights and responsibilities in connection with your use of NetBanc.

Terms Used in This Agreement:

“We,” “us”, “our”, and “UBM” refer to Ultima Bank Minnesota located in Minnesota and any other affiliates that are involved in maintaining your UBM Account(s) and providing you with online banking services pursuant to this Agreement;
“You” or “your” refers to the owner of a UBM account or your authorized representative;
“Account” refers to any deposit, investment or loan account maintained at UBM;
“Consumer” refers to a natural person who owns a UBM Account with respect to which an internet banking service is requested primarily for personal, family or household purposes;
“Authorized representative” refers to a person with authority of any kind with respect to your UBM Account(s) and the access to such accounts via NetBanc.

Accepting The Agreement

You understand that by using NetBanc you have agreed to the terms and conditions of this Agreement and that no signature by you is required on this Agreement. You agree to use NetBanc solely as provided in this Agreement and the applicable online instructions. When any transfer, payment or online service generates items to be charged to your UBM Account, you agree that we may debit your Account without requiring your signature on the item and without prior notice to you.

We may, from time to time, introduce new NetBanc products. When this happens, we will update the Website to include such product. By using any such NetBanc product, you agree to be bound by the terms contained in this Agreement at that time.

Changes in Terms And Fees

We may change the services provided and the terms, including fees, set forth in this Agreement at any time. You will be notified of any such change as required by applicable law, either by mail or by an electronic message. You understand that by using NetBanc after a change becomes effective, you have automatically agreed to it.

Maintaining Your Accounts

You agree to properly maintain your UBM Accounts, to comply with the rules governing your UBM Accounts, and to pay any fees associated with the use or maintenance of your UBM Accounts. Any issue relating to a UBM Account or service with UBM or any UBM affiliate which you access through NetBanc shall be governed by the law(s) specified in the agreement for that UBM Account or Service.

Your UBM deposit and loan accounts can be linked together and accessed and viewed via NetBanc. The Terms and Conditions of your Account Agreements and your Loan Agreements will govern, except where it is noted in this Agreement. This Agreement will control if there is a conflict with your other UBM agreements and this Agreement for NetBanc. In addition, each UBM Account and your use of NetBanc is subject to the following:

Terms or instructions appearing on a screen when using NetBanc;
UBM’s rules, procedures and policies applicable to UBM Accounts;
Rules and regulations of any funds transfer system used in connection with NetBanc; and
Applicable state and federal laws and regulations.

Account Access Via NetBanc

Through NetBanc, you can access your UBM Accounts to check balances, transfer funds, view transaction history, view check images and other information, pay bills and receive UBM Account Statements and other related documents electronically. To access your UBM Accounts via NetBanc including the use of our Bill Payment service you must have an Access ID, a Password and the required hardware and software. You are solely responsible for having the required hardware and software and for securing an Internet Service Provider (“ISP”). Subject to the terms of this Agreement, you will generally be able to access your Accounts via NetBanc at www.ultimabank.com seven days a week, 24 hours a day. A transfer requested through NetBanc before the transfer cutoff time on a business day will generally be posted to your UBM Account the same day. All transfers requested after the posted transfer cutoff time on a business day or on a day that is not a business day, will be posted on the next business day. Every day is a business day except Saturdays, Sundays, and bank holidays.

At certain times, NetBanc may not be available due to system maintenance or circumstances beyond our control. During such times, you may use the UBM TeleBanc service at (218) 435-2301 (if local) or (877) 692-2659 (toll-free) or one of our physical locations to obtain information about your UBM Accounts.

Password and Access ID

You will be provided with a Password and Access ID that will allow you access to NetBanc. During your first logon session, you will be required to change your Password. Thereafter, your NetBanc Password can be changed online at any time. Note that your Password is “case sensitive” and must be at least 8 to a maximum of 17 characters. We recommend it should be composed of alpha (both capital and small letters), neumeric and special characters. We highly recommend that you change your Password regularly.

We are entitled to act on instructions received under your Password. For security purposes, we recommend that you memorize the Password and do not write it down. You are responsible for keeping your Password and Access ID confidential.

Electronic Mail (E-mail)

You can communicate with us via e-mail. Unfortunately, there could be times when we may not receive your electronic message immediately. If you need immediate assistance, please call Online Support at (218) 435-2265 (if local) or (800) 421-2588 (toll free). No action will be taken on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to respond. You cannot use e-mail to make a bill payment, account balance inquiry or funds transfer. Also, you cannot use e-mail to cancel a transfer, loan payment or bill payment. Never send us your NetBanc Access ID or Password or other sensitive UBM Account information via e-mail.

Account Statements

All of your daily transactions, payments, and funds transfers can be displayed on your Account statement(s) via NetBanc. You can also access and export such transaction data from either your current or previous statement into your money manager software. You generally have up to one statement cycle after the last day of your previous statement (or 30 days after your previous statement is prepared) to export the information.

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UBM’S ONLINE “PERSONAL” BANKING

Available Services

Through the use of NetBanc, you can obtain account balance information, review transaction history, view checks that have been paid from your Accounts, pay bills and transfer funds electronically among your UBM Accounts. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous business day.

Linked Accounts

Your UBM Accounts will be linked first by portfolio and secondly by individual owners authorized to access said UBM Accounts. Each owner will be able to access, view and conduct transactions in all of the authorized UBM Accounts.

Business Days

Our business days (“Business Days”) are Monday through Friday, except bank holidays. Although transfers and bill payments are processed by UBM on business days only, you can initiate a transfer or payment through NetBanc 24 hours a day, seven days a week.

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ELECTRONIC PAYMENT SERVICE

Electronic Bill Payment

Through NetBanc, you are allowed to make certain payments electronically. You can arrange for the payment of your current, future and recurring bills from your UBM Checking or Savings Account. Accounts that require two or more signatures or authorizations to withdraw or transfer funds will require the use of our business oriented online banking service called ExecuBanc. NetBanc cannot accommodate such a requirement.

There is no limit to the number of payments that may be authorized from UBM Checking Accounts. However, only one payment may be sent to each payee on the same day. You can pay virtually anyone within the United States via NetBanc providing you input complete and reliable information. UBM Savings accounts are limited to no more than 6 withdrawals or transfers to another account of yours or to a third party by means of a preauthorized transfer or automatic transfer or telephone order during any statement period.

A Payee can be either a Business Payee or a Non-business Payee. A Business Payee may be a business, merchant, or other professional who provides goods or services to you. A Non-business Payee could be an individual, family member, or friend. The mailing address of any Payee must be in the United States. You are responsible for ensuring that you provide us with a correct address. You may not pay alimony, child support, taxes or other governmental fees or court-directed payments or make payments to anyone outside the United States via NetBanc. By furnishing us with the names of your payees and their addresses, you authorize us to follow your instructions regarding payment to your Payees.

Payee Information

In addition to your Payee names and addresses, you will need to enter your Payee account number for each Business Payee (name, address and account number together are “Payee Information”) to ensure your payments are properly credited to your Payee account. Please note that your Business Payee may require that payments be sent to a specific address; this mailing address may be different than other addresses that appear on your invoice or billing statement. You may need to contact the Business Payee to obtain their payment mailing address.

Payee information is retained by NetBanc and can be retrieved by you at any time. Additions, deletions, and changes to Payee information can be made at any time from your personal computer, subject to the timing requirements noted in the Stop or Change Instructions section below. Such Payee information is used solely for the purpose of processing payments from your UBM Accounts and is subject to UBM’s Privacy Policy as described in the Disclosure of Information section of this Agreement. The date the payment is to be sent by us, whether electronically or by check, is called the "Date Check is to be Issued". When we receive a payment instruction (for the current or a future date), we will make payment to the payee on your behalf from the funds in your UBM Account on the Date Check is to be Issued.

IMPORTANT: The “Date Check is to be Issued” is NOT when the payment is due. Be sure to read the instructions on the NetBanc “Add Payment” web page for handling information.

We will not be obligated to make a payment unless your UBM Account and/or linked overdraft protection plan has sufficient funds or credit availability to pay the bill on the Date Check is to be Issued. Funds for ALL bill payments (whether we make these payments electronically or by check) will be withdrawn from your UBM Account on the Date the Check is to be Issued.

Scheduling Payments

There will be a delay between the Date Check is to be Issued (i.e., the date we send your payment) and the date your Payee receives that payment. Any payments made via NetBanc will require sufficient time for your Payee to receive your payment and credit your payment properly. To avoid incurring finance or other charges, you must schedule your payment sufficiently in advance of the due date. When you schedule payments, YOU MUST SCHEDULE RECURRING PAYMENTS AT LEAST FIVE (5) FULL BUSINESS DAYS PRIOR TO THE DATE THE PAYMENT IS DUE. INITIAL PAYMENTS SHOULD BE ISSUED AT LEAST SEVEN (7) FULL BUSINESS DAYS PRIOR TO YOUR PAYEE’S DUE DATE

Stop or Change Instructions

You have the right to stop or change any one-time bill payment. However, you must cancel the payment by no later than 3:00 PM (Central Time), at least one (1) business day prior to the day the payment is to be issued by calling Online Support at 1-218-435-2265 (if local) or 1-800-421-2588 (toll-free). You can also stop a recurring payment by calling us four (4) business days or more before the date the check is to be issued.

Reimbursement Responsibility

If we do not transfer or otherwise issue a payment from your Account, as requested by you in accordance with the terms and conditions of this Agreement and/or in accordance with the NetBanc on-line instructions; or in the amount requested by you in accordance with the terms and conditions of this Agreement and/or the NetBanc on-line instructions, we will reimburse you for any late payment fees or penalties that you are charged in connection with such occurrence, up to a maximum of $50 for each such occurrence.

However, we will not reimburse you if:

Through no fault of ours, you did not have enough money in your UBM Account to complete the transaction.
The transaction would have caused you to exceed your available credit.
The money in your UBM Account was attached, subject to legal process, or was blocked in some other way.
The payment was made to a non-business Payee.
You knew there was a technical malfunction in NetBanc and you used it anyway.
You were trying to defraud us.
Circumstances beyond our control, or a natural disaster such as a flood or fire, prevented the transaction from taking effect.

UBM Accounts Accessible by More Than One Person

If your NetBanc Account is owned by more than one person or is accessible by one or more authorized representatives, each such owner or authorized representative may individually access those UBM Accounts via NetBanc. Each owner or authorized representative will need a unique Access ID and Password. The terms of this Agreement will apply to each such person.

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ELECTRONIC FUND TRANSFERS

NetBanc enables you to transfer funds electronically to or from your UBM Accounts. The Electronic Funds Transfer Act provides you with certain rights and responsibilities with respect to certain of these transfers, commonly referred to as an Electronic Funds Transfer (hereafter “EFT”). Such rights and responsibilities are fully described in our Electronic Funds Transfer Disclosure that has been separately provided to you. You can also click here on EFT Disclosure for online access.

Your Liability

Your liability for an unauthorized EFT or a series of related unauthorized EFT’s from your UBM Account will be determined as follows:

1. If you notify us within two business days after learning of the loss or theft of your Access ID or your Password, your liability will not exceed $50 or the amount of unauthorized EFT’s that occur before notice to us, whichever is less.

2. If you fail to notify us within two business days after learning of the loss or theft of your Access ID or your Password, your liability will not exceed the lesser of $500 or the sum of:

· $50 or the amount of unauthorized EFT’s that occur within the two business days, whichever is less; and

· the amount of unauthorized EFT’s that occur after the close of two business days and before notice to us, provided we establish that these EFT’s would not have occurred had you notified us within that two-day period.

3. You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceed the amount of the unauthorized EFT’s that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60-day period. You may, as applicable, also be liable for the amounts described in the immediately preceding sections 1 or 2 above

4. If your delay in notifying us was due to extenuating circumstances, we will extend the times specified in the immediately preceding paragraphs 1, 2 or 3 above to a reasonable period.

5. You may notify us in person, by telephone, in writing or electronic mail.

Telephone Number and Address

Call our Online Support IMMEDIATELY at (218) 435-2265 (if local) or (800) 421-2588 (toll-free) if you believe your Access ID or your Password has been lost or stolen, or if you believe someone has transferred or may transfer money from your UBM Account(s) without your permission, or if you suspect any fraudulent activity on your UBM Account.

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OUR LIABILITY

Our liability to you is limited to the extent stated in any other Account and/or Loan Agreements, notices, and disclosures that are separately provided to you from time to time regarding your UBM Accounts and/or this Agreement. This section explains the complete extent of our liability to you to the extent that it has not been separately disclosed to you by any of these agreements, notices, or disclosures.

NEITHER UBM, NOR ANY OF ITS DIRECTORS, EMPLOYEES OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PERFORMANCE OR QUALITY OF THE SERVICES SET FORTH IN THIS AGREEMENT OR THE RESULTS THAT MAY BE OBTAINED FROM USING SUCH SERVICES. UBM SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.

NEITHER UBM, NOR ANY OF ITS DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE USE, OR ATTEMPTED USE, OF THE SERVICES SET FORTH IN THIS AGREEMENT, OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE, OR INABILITY TO USE, THE SERVICES SET FORTH IN THIS AGREEMENT; ANY ERRORS, OMISSIONS OR DEFECTS IN ANY CONTENT; ANY INTERRUPTIONS OR DELAYS IN TRANSMISSION TO THE SERVICES SET FORTH IN THIS AGREEMENT; OR COMPUTER VIRUSES RECEIVED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES SET FORTH IN THIS AGREEMENT. IN ANY EVENT, ANY LIABILITY OF UBM, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THOSE AMOUNTS SPECIFICALLY PROVIDED FOR IN THIS AGREEMENT.

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

is not in accordance with any term or condition applicable to the relevant service in this Internet Banking Agreement or your UBM Account Agreement;
we have reason to believe the transaction may not have been authorized by you or any third person whose authorization we believe is necessary, or which involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal;
would violate any applicable provision of any risk control program of the Federal Reserve Bank or any applicable rule or regulation of any other federal or state regulatory authority;
is not in accordance with any other requirement of our applicable policies, procedures or practices; or
we have reasonable cause not to honor for your protection, or ours.

Your Indemnification

Except to the extent of UBM’s liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your UBM Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all loss, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of NetBanc. You, or your authorized representatives provide this indemnification without regard to whether or not our claim for indemnification is due to the use of NetBanc.

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GENERAL PROVISIONS

Termination

Unless otherwise required by applicable law, UBM may terminate or reinstate this Agreement and/or your access to NetBanc, in whole or in part, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control. You may request reinstatement of NetBanc by calling our Online Support at (218) 435-2265 (if local) or (800) 421-2588 (toll-free).

Assignment

We may assign our rights and delegate our duties under this Agreement to a company affiliated with us or to any other party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

Notices

UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN THE EVENT THAT WE ARE REQUIRED TO PROVIDE A NOTICE OR OTHER COMMUNICATION TO YOU IN WRITING, THAT NOTICE OR OTHER COMMUNICATION MAY BE SENT TO YOU ELECTRONICALLY TO YOUR INTERNET ADDRESS AS REFLECTED IN OUR THEN CURRENT RECORDS.

Disclosure Of Information

The circumstances under which we will disclose information about you or your UBM Accounts, has been separately disclosed to you in our Privacy Policy and in other disclosures which have been provided directly to you. Our Privacy Policy may change from time to time and is always available on-line and in paper form at our banking locations

Authorization to Obtain Information

You agree that we may obtain and review your credit report from a credit bureau. You also agree that we may obtain information regarding your Payee accounts in order to facilitate proper handling and crediting of your payments.

Area of Service

The NetBanc service is solely offered to citizens and residents of the United States of America.

Venue

Any action at law, suit in equity or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the courts of Polk County located in the State of Minnesota.

Legal Process

If we are served with any notice of lien, attachment, levy, garnishment or other legal process relating to you or your UBM Account, we are authorized without notice to you or any joint Account Holder, except where required by law, to withhold the withdrawal or payment of so much of the funds in your UBM Account that may be the subject of such notice or legal process. We may disburse such amount out of your Account to a court or to such persons as applicable state or federal law either requires or permits because of such powers. We have no liability to you for such withholding or disbursements or for refusal by us to permit withdrawals or payment against your UBM Account because of a court order or other legal process including the return by us of items presented against your UBM Account as unpaid that otherwise would be paid. Any lien, attachment, levy, or garnishment against your UBM Account is subject to our right of set-off as provided in the Agreement unless prohibited by law. You agree to pay our costs and expenses for complying with such legal process, including legal costs and attorneys’ fees, costs of research and copying and administrative fees.

Arbitration

You and we agree that all disputes, claims and controversies between us, whether individual or joint in nature, arising from this Agreement shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed. No act to take or dispose of any property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes without limitation, obtaining injunctive relief or a temporary restraining orders. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction located in Polk County Minnesota. Nothing in this Agreement shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, which would otherwise be applicable in an action brought by a party, shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation and enforcement of this arbitration provision.

Governing Law

This Agreement will be governed by, construed and enforced in accordance with federal law and the laws of the State of Minnesota, which govern and are applicable to your UBM Account.

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FEES

NetBanc

Reference the specific UBM Account being accessed via NetBanc for the terms and fees associated with the use of NetBanc. Other fees may be assessed and billed separately by your Internet Service Provider (“ISP”).

Telephone and ISP Charges

You will be responsible for any telephone charges that you incur and any fees charged by your Internet Service Provider when you use NetBanc.

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