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BEN FRANKLIN BANK OF ILLINOIS

Online Banking Terms and Conditions Agreement

General

This Agreement contains terms and conditions related to the Ben Franklin Bank of Illinois Online Banking Service (the “Service”).  By using the Service, you agree that you have complied with online instructions in accessing the Service and that you will be bound by the terms of this Agreement.  Please read this Agreement carefully and keep a copy for your records.

In this Agreement, "you", "your" or "customer" refers to the person(s) using the Service; "we" "us" or "our" refers to Ben Franklin Bank of Illinois and any agent, independent contractor, designee, or assignee, that  Ben Franklin Bank of Illinois may, in its sole discretion, involve in the provision of the Service.

The Service

This Agreement applies when accessing your open Ben Franklin Bank of Illinois accounts through the Internet.  You can view and download balances and activity in eligible accounts, transfer funds between eligible accounts, view paid checks, and make payments to eligible loan accounts.  You may use the Service to initiate transfers from one deposit account that is a checking, statement savings or money market deposit account to any other deposit account that is a checking, statement savings or money market deposit account.  You may make a payment to an eligible loan account from a deposit account that is a checking, statement savings or money market deposit account. You may also make an advance from an eligible line of credit account to a deposit account that is a checking, statement savings or money market deposit account, as provided in this Agreement.  Each funds transfer through online banking from your savings or money market deposit account is subject to the same transfer limitation indicated in the Deposit Account Agreement you received at account opening.

Business Days

Business days for Ben Franklin Bank of Illinois Online Banking are Monday through Saturday, excluding holidays.  You may access your accounts through the Service 24 hours a day, seven days a week.

Cutoff Time

The daily cutoff time that shall apply for transactions to be processed on the same business day is 8:30 pm CST Monday through Thursday, 9:15 pm CST on Friday, and 5:15 pm CST on Saturday.  Transfers entered after the cutoff time or on non-business days will be considered entered on the next business day.

Related Agreements

Your account will continue to be governed by the applicable rules and regulations as described by the "Deposit Account Agreement" and "Business Deposit Account Agreement" along with the appropriate resolutions based on account type.

Systems Requirements

You will be able to access the Service through our website.  To access the Service, your system's internet browser should be Internet Explorer 6.0 or greater, or Netscape 6.1 or greater.

You are solely responsible for the hardware, installation, maintenance, configuration of hardware, the Internet access service and software on the system you use for the Service.

We will not be responsible for the inability to access the Service for reasons beyond our control, including but not limited to:

Access ID and Password

All Service transactions or inquiries must be initiated by use of your User ID and password. You will select your "User ID" and "password" at the time of your enrollment into the Service. For security purposes, you are encouraged to change your password every 90 days. You will be required to change your password every 180 days. It is recommended that you do not use your social security number, birthdays, names, or other codes that may be easy for others to determine as your password.  No Ben Franklin Bank of Illinois employee will ever ask you for your password, nor should you provide it to anyone unless you intend to allow that person access to your accounts.  You agree to keep your password confidential. Use of the password by you or by any other person with your authorization will be considered the same as your written signature authorizing us to complete any transaction or request communicated through the Service.  You agree that any Service transaction or request initiated by use of the password will be subject to and governed by this Agreement.

If you authorize another person to use your password, that person can use the Service to view any information or initiate any transaction on any of the accounts to the same extent as you, including viewing information or initiating transactions on accounts to which that person does not otherwise have access.  As such, your sharing of your password is strongly discouraged by us, and done at your sole risk and peril.  If a third party should gain access to your password, you alone are responsible for changing the password so as to deny the third party access to your banking information.  Given the electronic nature of these transactions, we shall have no liability to you in the event a third party should gain access to your banking information.  You should always exit the Internet Banking Service completely after you finish viewing your accounts or conducting other transactions.  To completely exit Online Banking, select the "Log Off' button, which will bring you back to the home page of our website.  Failure to "Log Off' could allow anyone who has access to your unattended terminal, to conduct transactions or view your accounts without ever needing to use your ID or password.

Ben Franklin Bank of Illinois Liability for Failure to Make or Incorrectly Make a Transfer

We will use our best efforts to make all of your transfers properly. However, we will not be held liable if we are unable to complete any transfer initiated by you because of the existence of anyone or more of the following circumstances:

Customers' Liability for Unauthorized Use

CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission.  An immediate telephone call to us is the best way to reduce any possible losses.  You could lose all money in your accounts (plus your maximum overdraft line of credit, if any).  If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission.  If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.  Also, if your statement shows transfers that you did not make, contact us at once.  If you do not tell us within 60 days after the statement was provided to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking money if you had told us in time.

IF YOU BELIEVE YOUR PASSWORD HAS BEEN LOST OR STOLEN OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM A DEPOSIT ACCOUNT WITHOUT YOUR PERMISSION CALL: (800)-645-8210

Or write:

Ben Franklin Bank of Illinois
830 E Kensington Road Heights
Arlington Heights, IL 60004

Disclosure of Information to Third Parties

A copy of our privacy policy is available on our website.

Termination

You may terminate your use of the Service at any time by writing us at

Ben Franklin Bank of Illinois
830 E Kensington Road
Arlington Heights, IL  60004

You must notify us at least ten (10) days prior to the date on which you wish to have your Service terminated.  We may require that you put your request in writing.  If you have scheduled activity with a Transaction Date within this ten-day period, you also must separately cancel those payments.  If we have not completed processing your termination request and you have not otherwise canceled activity, you will be responsible for activity with Transaction Dates during the ten (10) days following our receipt of your written notice of termination.  We will confirm your termination by mail.

We may terminate your use of the Service, in whole or in part, at any time without prior notice.  Your access to the Service will be terminated automatically if your Accounts are closed or access to your Accounts is restricted for any reason.  The Service will also terminate if there is no on-line activity for a period of 180 days.  Termination will not affect your liability or obligations under this Agreement for transactions we have processed on your behalf.

Fees

There are no monthly fees associated with the Service.  The checking and/or savings account fees are listed in the Fee Schedule, as modified from time to time.  We will notify you in advance of any fee changes.  A copy of our Fee Schedule is available on our website or upon request at any of our branches.

Amendments

We may amend or change any of the terms and conditions of this Agreement under the same terms and conditions as we may make changes to the "Deposit Account Agreement" and "Business Deposit Account Agreement".

No Waiver

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

Enforcement

In the event either party brings a legal action to enforce this agreement or collect amounts owing as a result of any account transaction, the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees on any appeal, subject to any limits under applicable law.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois as well as any applicable Federal Laws or Regulations.

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