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Commercial Electronic Records and Communications Agreement

E-Statements

To receive deposit statements electronically, you must agree to receive certain information and disclosures electronically prior to enrollment. If you do not consent to receive information electronically you have the right to leave the "I Agree" box unmarked. You will not be enrolled to receive electronic statements. You have the right to withdraw consent to receiving information electronically by making written request either to E-Statement Delivery at P. O. Box 3668, Moultrie, GA 31776-3668 or to your local customer service representative. If you withdraw consent to receive information electronically you will not be able to receive your statements electronically. You agree that the bank can terminate E-Statements and revert to printed mailed statements for any reason at any time.

Any owner/authorized party authorized by resolution may request an electronic statement. The electronic statement will eliminate the printed statement entirely. Paper statements will not be mailed to other owners/authorized parties of the account. The owner/authorized party who requests the e-statement is responsible for providing other account owners/parties with the password. Any account owner/authorized party may cancel an electronic statement. You are strongly encouraged to obtain the agreement of all account owners/authorized parties prior to implementing this agreement.

You agree to be totally responsible for the actions of any employee to whom you provide access to your electronic statements. The employer is responsible for providing passwords to any employee designated to receive an electronic statement on behalf of the employer. The bank will not provide this information to any party except those authorized to sign on the account as evidenced by the signature card and/or resolution of authority.

To obtain a free copy of your electronic statement with disclosures in paper form: (a) print the statement with disclosures from the screen or (b) download the statement with disclosures to your hard drive.

To obtain a duplicate copy of your electronic statement with disclosures (a) send a written request to E-Statement Delivery at the address shown above listing the specific statement with disclosures requested or (b) come to any branch and request a specific statement with disclosures. Requests for paper copies of these documents will be subject to Research fees.

The following information will be provided by electronic communication:

  1. Periodic Statements for Checking, Savings, and Money Market Accounts;
  2. Expedited Funds Availability Policy change notices; and,
  3. Any disclosure that would normally be delivered via a deposit statement mailing that may be required by law or regulation.

By entering into this Agreement, you understand that the bank will cease providing you with monthly, printed account statements mailed to your mailing address of record, and that all future account statements will be sent to you electronically by email.

You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your E-Statement for each of your bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Data transferred via E-Statement is not encrypted. You acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing E-Statements, or email transmitted to and from us, will not be monitored or read by others. The attachment containing your statement is password protected.

This consent applies to any and all deposit account periodic statements which you are electing to receive electronically via the enrollment form.

To access your electronic statements with disclosures, you must have a personal computer (PC) or Macintosh computer with a working connection to the internet.

You agree to keep us informed of your current e-mail address(s) by advising us of changes in writing at the address shown above or by contacting the bank.

At the time of enrollment or upon our request, you agree to provide us with a password needed to open the attachment containing your information. You will ensure the confidentiality of your password(s) and you agree to indemnify, defend, and hold harmless the bank and its successors, assigns, affiliates, officers, employees, directors and agents against any loss, claims, damages, judgments, awards, legal obligations, costs or expenses, including, without limitation, all fees and expenses of the bank's counsel based upon, arising out of, or related in any way to honoring this request.

Our receipt of an e-mail delivery error after sending you a file will cause this agreement to terminate. The information contained in the undelivered file as well as future statements or notices will be mailed to you at the address contained in our records.

From time to time we will conduct system upgrades. We will inform you of any revised hardware or software requirements that may be in effect after the upgrade to allow you to continue to access your statement with disclosures electronically. However, should any of these upgrades impair your ability to access your statement with disclosures electronically you have the option of withdrawing your consent to e-statement access with no cost or consequence to you. Upon termination of this agreement by you or by us, a new agreement will be required to reinstate this service.

WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE E-STATEMENTS PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT E-STATEMENTS WILL OPERATE WITHOUT ERROR, OR THAT E-STATEMENTS WILL BE AVAILABLE AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF E-STATEMENTS, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR ANY OTHER LEGAL THEORY. FURTHER, IN NO EVENT SHALL THE LIABILITY OF THE BANK AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH E-STATEMENTS.

This agreement shall be governed by the laws of the United States and by the laws of the State of Georgia to the extent applicable and by regulations of any governmental agency having jurisdiction over us. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and the bank's successors and assigns. This Agreement constitutes the entire agreement between you and the bank with respect to the subject matter of this Agreement and there are no understandings or agreements related to this Agreement that are not fully expressed herein.

To agree to the terms and conditions of this Electronic Records and Communications Agreement simply press the "I Agree" button.

Please print and retain a copy of this Agreement for your records.