Online Agreement

Electronic Fund Transfers — Your Rights and Responsibilities

ONLINE BANKING AGREEMENT

AND ELECTRONIC FUNDS TRANSFER ACT NOTICE

Please read the following agreement carefully. After you have read this agreement, you may complete the enrollment process for StellarOne's Online Banking (hereafter referred to as "System").

I. Online Banking Service Agreement Terms and Conditions

Agreement:

This Agreement, any fee schedule and enrollment form, is the contract, which establishes the terms and conditions, which cover your electronic access to your accounts at StellarOne ("Bank") through our Online Banking product ("System"). By using the System or permitting any other person to use the "System", you accept all the terms and conditions of this Agreement, including "CheckFree" Bill Payment and any instructional material that we may provide regarding the System or services.

The terms and conditions of this Agreement are in addition to any deposit agreements, deposit account rules and regulations, fee schedules and disclosures for each of your accounts, as in effect from time to time, collectively, the "Deposit Agreement" as well as your other agreements with Bank, including any loan-related agreement, overdraft protection agreement or line of credit agreement, if any.

This Agreement, together with the Enrollment Form and Fee Schedule, the Deposit Agreement and any other documentation relating to the other features of the System, such as "CheckFree" Bill Payment, constitutes the entire Agreement between you and Bank with respect to subject matter of this Agreement and there are no unwritten understandings or agreements as to those matters. I this Agreement conflicts with the other agreement, or the other agreement has terms that are not addressed in this Agreement, then the other agreement will control and take precedence, unless the Agreement specifically state otherwise. The other agreement will only control with respect to the Eligible Account or Online Service it is associated with, and only to the extent necessary to resolve the conflict or inconsistency.

Laws and Regulations:

You agree not to generate transactions that violate the laws or regulations of the United States. This includes, but is not limited to Regulation GG (Unlawful Internet Gambling Enforcement Act), sanction laws administered by the Office of Foreign Assets Control (OFAC) and programs administered by the Financial Crimes Enforcement Network (FinCEN). It will be your responsibility to obtain information regarding such OFAC enforced sanctions. (This information may be obtained directly from the OFAC Compliance Hotline at 800.540.OFAC or from the OFAC's home page site at www.ustreas.gov/ofac.) You agree that the performance of any action by StellarOne to debit or credit an account or transfer funds otherwise required by the Rules is excused from the performance of such action to the extent that the action is inconsistent with United States law, including the obligations of StellarOne under OFAC or any program administered by the United States Department of the Treasury's Financial Crimes Enforcement Network (FinCEN). You agree and warrant to StellarOne that all actions by you contemplated by this Agreement, including the preparation, transmittal and settlement of Entries and payment orders, shall comply in all material respects with United States laws, regulations, regulatory guidelines and guidance, and official commentaries, including without limitation all such regulations, guidelines, and commentaries issued by the Board of Governors of the Federal Reserve and the Federal Financial Institutions Examination Council (FFIEC).

Definitions:

As used in this Agreement, the words "we", "our", "us" and "Bank" mean StellarOne and its banking affiliates, successors and assigns. "You" and "your" refer to the accountholder authorized by Bank to use System under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through System. "Account" or "accounts" means your deposit or loan account at Bank, that we deem eligible in our sole discretion to establish access. "Electronic funds transfers" means ATM withdrawals, pre-authorized transactions, point of sale transactions, transfers to and from your Bank accounts using the System including bill payments and telephone banking. "System Services" means the services, information, communication and transactions provided pursuant to this Agreement, including the "CheckFree" Bill Payment Service through our web site within our area of service. "Business days" means Monday through Friday, excluding Federal banking holidays.

Joint Accounts:

The provisions of this paragraph apply if any of your accounts with Bank is a joint account. Each holder of a joint account, who accesses the System, is jointly and severally bound by this Agreement. Each of you acting alone, under separate, assigned user ID and password may perform transactions, pay bills, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of or notify either of you about the actions of the other. However, each of you will only be permitted to access accounts for which you are an owner or authorized user.

You recognize that any requirement of verifying two or more signatures on checks, if such a requirement exists, does not apply to electronic or telephone transfers, and release us from liability when making these kinds of transfers. This means that any person who is an authorized signer on your account is authorized by you to individually make electronic or telephone transfers, even though that person's authority to transfer or withdraw funds from your account by some other means (e.g., by check) must be exercised jointly with one or more other persons. This provision controls and takes precedence over any conflicting provision in any other agreements you have with us.

Each of you individually releases us from liability and agrees not to make a claim or bring any action against us for honoring the instructions of the other or of any other person authorized to use your System Services. Each of you agrees to indemnify and hold us harmless from any and all liability (including, but not limited to, reasonable attorney's fees) arising from any such claims or actions.

Access:

To use the System, you must have at least one account at Bank, access to Internet Service and an E-mail address. You must have a checking account to utilize the "CheckFree" Bill Payment Service feature. Access to the System will not be effective until information from your enrollment form has been verified and you have receipt of your initial temporary password and user ID communicated to you by us usually within 3 business days from our receipt of your enrollment. Changes to account information must be communicated to us in writing. We undertake no obligation to monitor transactions through System to determine that they are made on behalf of the accountholder.

Your use of the System may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of electronic communications that are acceptable to us. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.

If you have more than one account with us, we will link accounts together with the user ID. Linked accounts must have one common owner. You should notify us immediately if an account that is not yours or to which you are not an authorized signer is linked to your accounts by any of the methods stated below in the section titled "Communication Between Bank and You."

Upon completion of your enrollment form, you will receive either via email or United States mail your log in information. The Password must be changed the first time you sign-on to the System.

During your System online session, you will be automatically disconnected following ten (10) minutes of inactivity. You may then sign-on again, if desired.

You must have a connection to the Internet, Adobe Reader, 128-bit encryption; for PCs, Microsoft Internet Explorer 7.0 (or higher) or Firefox 2.0 (or higher); and for Macs, Safari 1.0 (or higher).

System Services:

Your System use includes but is not limited to: check the balance of your Bank accounts, view Bank current and previous statement transactions, transfer funds between your Bank accounts, make stop payments (non "CheckFree" bill payment items, pre-authorized and ACH items), and pay bills, through "CheckFree" Bill Payment (if previously requested) from your payment account in the amounts and on the dates requested. Please read all online instructions carefully as some service features may require the submission of the completed form to us by mail or in person. Additional services and enhancements to existing services may be added from time to time without prior notice. Account information displayed through System is the current information at the time the transaction takes place. Funds transfers between accounts initiated on your computer using the System, and received by the Bank by 6:00 p.m. Eastern Standard Time (EST) on any business day as previously defined will be effective the current business day. Funds transfers processed on your computer using the System, and received on or after 6:00 p.m. EST on any business day or Saturday, Sunday or banking holidays, as previously defined will be effective the next business day.

Hour of Access:

You can use System seven (7) days a week, twenty-four (24) hours a day, although some or all System services may not be available occasionally due to emergency or scheduled system maintenance or events beyond our control. We will attempt to post notice of any extended or unusual periods of non-availability on the System website, but cannot guarantee that such notice will be provided.

Your Password:

For security purposes, you are required to change your password upon your initial login to System. You determine the password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your user ID and password. You accept responsibility for the confidentiality and security of your password and you agree to change your password regularly Upon three (3) unsuccessful attempts to use your password, your access to System will be locked out at which time you will need to contact the Bank to have your password reset. Your password may be at least six (6) characters and no more than eight (8) characters. Your password MUST contain at least one number and one alpha character. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children and should be memorized rather than written down. We further recommend not using the same password that you use on other bank products. You must also comply with any other security procedures and policies we may establish from time to time.

You agree to: 1) keep your password secure and strictly confidential and 2) immediately notify the Bank and select a new password if you believe your password may have become known to an unauthorized person.

Security:

You understand the importance of your role in preventing misuse of your accounts through System and you agree to promptly examine your statement for each of your Bank accounts as soon as you receive it You agree to protect the confidentiality of your password and user ID, which are intended to provide security against unauthorized entry and access to your accounts. You understand that personal identification by itself or with information related to your accounts may allow unauthorized access to your account.

If you believes (i) that your Password has been lost or stolen, (ii) an unauthorized person has attempted to use the System, (iii) your accounts have been accessed by an unauthorized person or an unauthorized person has transferred funds, you shall immediately notify us, and (iv) use the Password change feature within the Bank's web site in order to change your Password.

The System is designed to be as secure as reasonably possible given current Internet and encryption technology. You must use 128-bit encryption on your computer browser to access the System. Notwithstanding our efforts to ensure that the System is secure, by using the System and agreeing to these terms and conditions 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 Bank System, or e-mail transmitted to and from us, will not be monitored or read by others.

We are very concerned about the security of access to customer information and have endeavored to provide acceptable levels of security. We reserve the right to block access to the System to maintain or restore security to our site and System, if we reasonably believe your user ID and/or password have been or may be obtained or are being used or may be used by an unauthorized person(s).

We take reasonable steps to create a secure environment in order to protect customer information; however, we can not guarantee the inviolability of the System website from intrusion

Equipment, such as a personal computer or wireless device, with access to the Internet is required to access the System. If you access the System by use of the Internet, you agree to secure your Equipment against Malware in order to safeguard your information, Software, or other materials by, for example, installing and regularly updating virus protection software. Any other Software used by in the future to access our system, if supported by us, will be provided and maintained by you at your expense.

  1. Harm to Computer Systems/Data. You agree that the Bank's liability for viruses, worms, Trojan horses, spyware or other similar harmful components (Malware) that may enter your Equipment system by downloading, importing or otherwise obtaining information, software, or other materials from our site shall be limited to replacing, or the reasonable cost of replacing the lost information, software or other material that you obtained from our site. We will not be responsible or liable for any indirect, incidental or consequential damages which may result from such harmful components.
  2. Performance of Software and Electronic Service. In no event will we or our offices, directors, employees or agents be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use the System, or for any loss of any data, even if we have been informed of the possibility of such damages. WE MAKE NO WARRANTY TO YOU REGARDING YOUR EQUIPEMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

Fee and Charges:

You agree to pay the fees and charges for your use of System as set forth in the current Fee Schedule and in the Deposit Agreement. Fees may be deducted from your account without prior notice to you and are subject to change from time to time at the Bank's discretion.You agree to pay any additional reasonable charges for services you request which are not covered by the Agreement. You are also responsible for any telephone, Internet service, satellite or other such associated fees you incur in connection with your use of the System.

Posting of Transfers:

Transfers initiated through System before 6:00 PM (Eastern Time) on a business day are posted to your account the same day, providing funds are available. Transfers completed after 6:00 PM (Eastern Time) on a business day, or anytime on a Saturday, Sunday or a Federal bank holiday, will be posted on the next business day, providing funds are available. System identifies transfers based upon the user ID of the user who made the transfer. Accordingly, you understand and acknowledge that, during any business day, the Transfer List screen of the System will reflect transfers made by multiple users from the same account even if different access ID's are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your account in order to avoid overdrafts.

Limits on Amounts and Frequency of System Transactions:

Your ability to transfer funds from certain accounts, such as money market accounts and savings accounts is limited by federal law and regulation and by the Deposit Agreement. You should refer to the Deposit Agreement/Disclosure for legal restrictions and service charges applicable to excessive withdrawals or transfers and any applicable penalties. Transfers made using the System are counted against the permissible number of transfers described in the Deposit Agreement. If a hold has been placed on deposits made to accounts from which you wish to transfer funds, those held funds are unavailable until the expiration of the hold.

Periodic Statements:

All System transactions will appear on your periodic account statement. You will receive a periodic statement for each monthly cycle in which an electronic funds transfer has occurred and a statement at least quarterly if no transfer has occurred.

Change In Terms:

We may change any term, including fees and charges hereunder, of this Agreement at any time. If the change would result in increased fees for any System service, increased liability for you, fewer types of available electronic funds transfers or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least twenty-one (21) days before the effective date of any such change, unless immediate change is necessary to maintain the security of an account or our electronic funds transfer system. We may post any required notice of change in terms on the Bank System website or forward it to you by e-mail or postal mail. If the advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic funds transfer system, we will notify you of the change in terms within thirty (30) days after the change becomes effective. Your continued use of any or the entire subject System Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit account agreements and disclosures govern changes to fees applicable to specific accounts. You also agree to accept notification on any and all changes to these accounts by e-mail.

Overdrafts (Order of Payments, Transfers and other Withdrawals):

If your account has insufficient funds to perform all electronic funds transfers (transfers, Bill Payment, etc.) you have requested for a given business day, then:

  1. Electronic funds transfers involving currency disbursements, like ATM withdrawals will have priority;
  2. Electronic funds transfers initiated through System which would result in an overdraft of your account may, at our discretion, be cancelled; overdraft charges may be assessed pursuant to the terms of the Deposit Agreement
  3. In the event the electronic funds transfer initiated through System which would result in an overdraft on your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the Deposit Agreement.

Stop Payment Requests for Paper Checks:

You may initiate stop payment requests online via System only for paper checks (not pre-authorized, electronically established payment requests) you have written on your Bank accounts (not System bill payer paper drafts). If the check on which you wish to stop payment already appears as a paid item in your account history, the System will not be able to process your stop payment request. If the System does not permit you to initiate an online stop payment request, it is your responsibility to contact the Bank directly during business hours, to determine the status of your account and checks already paid. If the System does accept your stop payment request, the request will not be valid until the Bank has had a reasonable opportunity to act upon your request prior to any action by the Bank with respect to the item for which the stop payment is placed. Stop payment fees will be accessed to the checking account on which the stop payment has been issued according to the Deposit Agreement. Stop payment fees are different than processing fees for stopping drafts paid by System bill payer. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the amount and the date of the check.

Stop payment requests will be received until 5:00 PM. Requests received after 5:00 PM on a business day or anytime on a Saturday, Sunday or holiday will be processed on the next business day.

Online stop payment request automatically expire 24 months from the date you submit the request. Once expired, a stop payment must be renewed in order to continue.

System Bill Payment Service:

"CheckFree" Bill Payment services will be offered by the Bank through its core processing vendor, Jack Henry Associates (JHA) which has contracted with its Web Supplier, CheckFree Corporation, an independent third party service provider not affiliated with the Bank, to provide you this service. The various functions, including but not limited to, bill payment scheduling, payment authorization and remittance, payment methods, returned and non-sufficient payments, payment for services and governing law will be controlled by separate Terms and Conditions as posted on the CheckFree Corporation website to which you will be linked and must consent in order to initially access the service. (This site is independent and maintained by persons other than employees of the Bank. The Bank has no control over the contents of this site and is not responsible for the contents. Without limiting the foregoing, everything on the CheckFree Corporation website is provided "as is" and "as available" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from computer virus or non-infringement.)

Mobile Banking Service (Consumer Accounts ONLY):

You may enroll in Mobile Banking through Online Banking. Mobile Banking allows you to access account information and transfer funds between your accounts through a mobile device. You will be responsible for providing hardware and software to access Mobile Banking as well as charges any wireless service provider may assess while using the Service. We reserve the right at all times to take actions to protect our Systems and information, including denial of access to users of Mobile Banking. We will use commercially reasonable efforts to secure Mobile Banking to prevent access by unauthorized personal and to prevent the introduction of any malicious code. However, no security system is failsafe, and despite the Bank's efforts security of Mobile Banking could be compromised or malicious code could be introduced by third parties. We will provide you notice if information is the subject of a security breach as required by applicable law. Your accounts are subject to the terms and conditions of the deposit agreement for those accounts and the terms and conditions of this Agreement.

You may access your account(s) by web-enabled cell phone bywww.stellaronemobile.com and using your user ID and password to:

  • Transfer funds from checking to savings
  • Transfer funds from savings to checking
  • Transfer funds from checking to checking
  • Transfer funds from savings to savings
  • Make payments from checking to loan accounts with us
  • Make payments from savings to loan accounts with us
  • Get checking account(s) information
  • Get savings account(s) information
  • Get CD, IRA, and loan information
  • Transfer from equity line to savings and checking

eDocuments:

Upon enrollment, you will no longer receive paper statements/documents via U.S mail. We will notify you via email when the enrolled documents are available. Upon receipt of notification, documents can be viewed under the Online Banking, eDocuments tab. eDocuments will be available for 366 days.

You may have one additional recipient of eDocuments Additional recipients will receive an email notification when documents are available and will be required to enter the user name and a password assigned during the set up process. You should establish a unique phrase to recognize when eDocuments are available. The phrase should be communicated to any additional recipient.

You may un-enroll for eDocuments any time by un-checking the appropriate document box. Your decision to no longer accept eDocuments will impact additional recipient's access to eDocuments.

You agree to keep us informed of your current email address by updating your address through Online Banking.

Disclaimer Of Warranty And Limitations Of Liability:

Although we attempt to provide accurate up-to-date information on our site, the information and material contained herein, including text, graphics, pictures, logos, icons, and other items (Contents) are provided on an "as is", "as available" basis and we disclaim liability from errors or omissions in the contents. Your use and browsing of our site, its contents and use of the System is at your own risk. We make no representations, endorsements or warranties of any kind whatsoever, express or implied, including, but not limited to any warranties of title, accuracy, completeness, suitability, reliability and any implied warranty of merchantability or fitness for a particular purpose, freedom from computer virus or non-infringement, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law in connection with the System Services provided to you under this Agreement. We also make no representations, endorsements or warranties, express or implied, with respect to any website operated by a third party. We do not and cannot warrant that System will operate without errors, or that any or all System Services will be available and operational at all times or that you will always have access to System Services. We do not warrant that our services, the Internet or our suppliers will be available on a specified date or time or have the capacity to meet your demands during specific hours. Neither Bank nor its affiliates or any other party or their respective directors, officers or employees involved in creating, producing or delivering the site or its suppliers will be liable for any direct, consequential, indirect, special, punitive or other damages of any kind that you may suffer arising out of use, or inability to use the services or products provided hereunder whether under a contract, tort or any other theory of liability. Neither Bank nor its affiliates or any other party or their respective directors, officers or employees involved in creating, producing or delivering the site or its suppliers will be liable for unauthorized access to Bank's transmissions facilities or premises or equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of Bank or its suppliers negligence.

Our site may contain links to other websites on the Internet. All sites which may be accessed through our site are independent and maintained by persons other than employees of StellarOne. We have no control over and are not responsible for any of the contents, products, or services of these linked sites.You are linking at your own risk. StellarOne does not endorse or guarantee the products, information, or recommendations provided on other sites, and is not liable for any failure of products or services advertised on these sites. Other websites may have Privacy Policies different from StellarOne's, and may provide less security than our website.

Third Party Network Disclaimer:

You may not resell or redistribute any services you receive through System, or our other services, or from our suppliers. You acknowledge and agree that neither Bank nor its suppliers are responsible for the content of your transmissions, which may pass through any Internet Service Provider or over the Internet. You agree to take reasonable steps to ensure that you will not use the services provided to you or the Internet for illegal or disruptive purposes (e.g., illegal internet gambling). Disruptions include, but are not limited to, distributing chain letters or mass mailings of unsolicited e-mail ("spamming"), propagating computer worms or viruses or using the services and the Internet to make unauthorized entry to any other machine. Violation of the foregoing may result in termination of access rights to the offending party or parties.

Third Party Software; Virus Protection:

The Bank makes no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with Bank System (for example Quicken, QuickBooks, Microsoft, Money, etc.). The Bank is not responsible for any electronic virus or other similar harmful components that you may encounter. We encourage you to routinely scan your computer, diskettes and software using a reliable virus product to detect and remove any viruses found. Undeleted or unrepaired viruses may alter, corrupt, damage or destroy your programs, files and even your computer. Additionally, you may unintentionally transmit the virus to other computers, diskettes or software. You are absolutely responsible for maintaining security of your computer. A virus or fraud perpetrated while utilizing the Bank's system and caused by virus introduced through your computer shall be your entire responsibility with no liability to Bank for any damages incurred by you, including but not limited to, all amounts fraudulently converted or transferred out of your Account

Your Right To Terminate:

You may cancel your System service at any time by providing us with written notice by postal mail or fax. Your access to System will be suspended within ten (10) business days of our receipt of your instructions to cancel the service.

You will remain responsible for all outstanding fees, charges and pending transactions incurred prior to the date of cancellation.

Our Right To Terminate:

You agree that we can terminate or limit your access to System Services for any of the following reasons:

  1. Without prior notice, if you have insufficient funds in any one of your Bank accounts. System Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, debits, etc.
  2. Upon ten (10) business days notice, if you do not contact us to designate a new Payment Account immediately after you close an existing Payment Account.
  3. If you do not login to the System or have any transaction scheduled through the System during any consecutive 365 day period. If you wish to reinstate System Services, you must contact the Bank.
  4. You violate any term or condition of this Agreement.
  5. Upon reasonable notice, for any other reason in our sole discretion.

Electronic Mail:

If you send the Bank an electronic mail message (e-mail), Bank will be deemed to have received it no later than the following business day. Bank will have a reasonable time to act on your e-mail.

E-mail is not a secure method of communication over the Internet and we recommend you do not send us confidential information by e-mail. You should NOT rely on e-mail if you need to communicate with Bank immediately (for example, to report the loss, theft or unauthorized use of your password or an unauthorized transaction from your Bank account).

Communication Between Bank And You:

Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways (normal business hours are from 9:00 AM to 5:00 PM, Monday through Friday), excluding federal holidays:

E-mail: You may contact us at: ClientContactCenter@StellarOne.com
Telephone: You may contact us by telephone at: 888.785.5271 (toll free)
Postal Mail: You may contact us by mail at:

StellarOne
P O Box 600
Christiansburg, VA 24068

In Person: You may visit us in person at any one of our offices as listed on our website under Locations.

Consent To Electronic Delivery Of Notices:

You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank System website or by e-mail. Any such e-mail will be considered received by you within three (3) calendar days of the date sent by the Bank, regardless of whether or not you login to the System within that time frame. You agree to notify us immediately of any change in your e-mail address.

Miscellaneous:

This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to Virginia's conflict of law provisions, and applicable federal laws and regulations. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience of reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of the 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. We may assign this Agreement to any present or future affiliated company and we may assign or delegate any of our rights and responsibilities under this Agreement to independent contractors or third parties. This Agreement is binding upon you, your heirs and Bank's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would constitute beyond termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.

Ownership of Materials:

The content and information on our site is owned by StellarOne and the unauthorized reproduction or distribution of any portion is expressly prohibited.

Entire Agreement:

In combination with other applicable StellarOne agreements, this Agreement represents the agreement between you and Bank regarding the System and merges and supersedes all previous and contemporaneous written agreements and understandings regarding the subject of online access. If any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions will remain in full force and effect and will in no way be invalidated or otherwise affected.

II. Additional Provisions Applicable Only to Consumer Accounts

Electronic Fund Transfers Your Rights and Responsibilities

The Electronic Fund Transfers we are capable of handling for consumers are indicated below, some of which may not apply to your account. Some of these may not be available at all terminals. Please read this disclosure carefully because it tells you your rights and obligations for these transactions. You should keep this notice for future reference.

Types of Transfers, Frequency and Dollar Limitations

  1. Prearranged Transfers.
    • Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking and/or savings account(s).
    • Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking and/or savings account(s).

  2. Telephone Transfers.
    You may access your account(s) by telephone at 888.381.3629 using a touch tone phone, your account numbers, and PIN to:
    • Transfer funds from checking to savings
    • Transfer funds from savings to checking
    • Transfer funds from checking to checking
    • Transfer funds from savings to savings
    • Transfer funds from equity line to checking/savings based on terms of equity line agreement
    • Make payments from checking to loan accounts with us
    • Get checking account(s) information
    • Get savings account(s) information
    • Get loan information

  3. ATM Transfers.
    You may access your account(s) by ATM using your StellarOne ATM or StellarOne Visa® Check Card and personal identification number to:
    • Make deposits to checking accounts
    • Make deposits to savings accounts
    • Get cash withdrawals from checking accounts* (you may withdraw no more than $500 per day)
    • Get cash withdrawals from savings accounts* (you may withdraw no more than $500 per day)
    • Transfer funds from savings to checking
    • Transfer funds from checking to savings
    • Transfer funds from checking to checking
    • Transfer funds from savings to savings
    • Get checking account(s) information
    • Get savings account(s) information

Cash withdrawals from your checking and savings account with your Gold Visa® Check Card may be no more than $1,000 per day.

  1. Point Of Sale Transactions.
    • Using your card
    • You may access your checking account(s) to purchase goods: in person, by phone, by computer; pay for services: in person, by phone, by computer; get cash from a merchant if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept.
    • You may not exceed more than $2,500 in transactions per day.
    • Gold Visa® Check Card customers may not exceed more than $5,000 in transactions per day.

  2. Computer Transfers.
    You may access your account(s) by computer at http://www.stellarone.com, and using your account numbers, user ID and password to:
    • Transfer funds from checking to savings
    • Transfer funds from savings to checking
    • Transfer funds from savings to savings
    • Transfer funds from checking to checking
    • Transfer funds from equity line to checking/savings based on terms of equity line agreement
    • Transfer funds between your linked personal deposit accounts at StellarOne and certain deposit accounts at other financial institutions
    • Make payments from checking/savings to loan accounts with us
    • Make payments from checking to third parties (with Bill Pay)
    • Get checking account(s) information
    • Get savings account(s) information
    • Get CD, IRA and loan information
    • Initiate stop payments

  3. Electronic Fund Transfers Initiated By Third Parties.
    You may authorize a third party to initiate electronic fund transfers between your account and the third party's account. These transfers to make or receive payment may be one–time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and financial institution information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your financial institution and account information (whether over the phone, the internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:

Electronic check conversion.

You may authorize a merchant or other payee to make a one time electronic payment from your checking account using information from your check to pay for purchases or pay bills.

Electronic returned check charge.

You may authorize a merchant or other payee to initiate an electronic fund transfer to collect a charge in the event a check is returned for insufficient funds.

General Limitation:

In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:

Transfers or withdrawals from a Savings or Money Market (MMA) account to another account of yours or to a third party by means of a preauthorized or automatic transfer, telephone order or instruction, computer transfer, or by check, draft, debit card or similar order to a third party are limited to 6 per statement cycle. If you exceed the transfer limitations, your account will be subject to closure.

Fees:

  • No charge for withdrawal, transfer, or balance inquiry at StellarOne ATMs.
  • 1% international transaction fee.
  • No StellarOne charge for withdrawal, balance inquiry or transfer at an ATM not owned by us.

Except as indicated above, we do not charge for Electronic Funds Transfers.

ATM Operator/Network Fees

When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

Documentation:

  1. Terminal Transfers.
    1. You can get a receipt at the time you make a transfer to or from your account using a(n) automated teller machine or point of sale terminal.
    2. You may not get a receipt if the amount of the transfer is $15 or less.
  2. Preauthorized Credits.
    • If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at this telephone number, 888.785.5271, to find out whether or not the deposit has been made.
  3. In addition,
    • You will get a monthly account statement from us, unless there are no transfers in a particular month. In any case you will get a statement at least quarterly.
  4. Preauthorized Payments:

    1. Right to stop payment and procedure for doing so.
      If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how:
      • Call or write us at the telephone number or address listed in this disclosure, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We charge $29 for each stop payment.
    2. Notice of varying amounts.
      If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
    3. Liability for failure to stop payment of preauthorized transfer.
      If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

    Financial Institution's Liability:

    1. Liability for failure to make transfers.

    If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

    • If, through no fault of ours, you do not have enough money in your account to make the transfer.
    • If the transfer would go over the credit limit on your overdraft line.
    • If the automated teller machine where you are making the transfer does not have enough cash.
    • If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
    • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
    • There may be other exceptions stated in our agreement with you.

    Confidentiality:

    We will disclose information to third parties about your account or the transfers you make:

    1. where it is necessary for completing transfers; or
    2. in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
    3. in order to comply with government agency or court orders; or
    4. if you give us written permission; or
    5. as explained in the Privacy Disclosure.

    Unauthorized Transfers:

    1. Consumer Liability.
      Tell us at once if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission. Also, if you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code 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, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

      If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period.

      Visa® Card Debit.
      Additional Limits on Liability for Visa® Check Card unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa® card. This additional limit on liability does not apply to ATM transactions or to transactions using your Personal Identification Number which are not processed by Visa®. Visa® is a registered trademark of Visa® International Service Association.

    2. Contact in event of unauthorized transfer.
      If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed at the end of this disclosure. You should also call the number or write to the address listed at the end of this disclosure if you believe a transfer has been made using the information from your check without your permission.

    Error Resolution Notice:

    In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

    • Tell us your name and account number (if any).
    • 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.
    • 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 10 business days.

    We will determine whether an error occurred within 10 business days (5 business days if involving a Visa® transaction or 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point of sale transaction, or a foreign–initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days if involving a Visa® transaction or 20 business days if the transfer involved a new account) 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 10 business days, we may not credit your account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.

    We will tell you the results within 3 business days after completing our investigation. If we decide that 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.

    Privacy of Consumer Information:

    When we provide, as permitted by law, personally identifiable customer information to third parties who provide services on our behalf to our customers, such as our check vendors, we insist that the third party adhere to similar privacy principals as does StellarOne that provide for safe keeping such information confidential and using the information only for the provision of the intended services. For further information please read our Privacy Statement located online.

    External Transfers (Consumer Accounts ONLY):

    With Online Banking you may separately enroll for the External Transfer service. External Transfers allow you to transfer funds between your linked personal deposit accounts at StellarOne and certain deposit accounts at other financial institutions. An inbound transfer moves funds into a StellarOne account. An outbound transfer moves funds from a StellarOne account to an account outside of StellarOne. You agree to only enroll up to 5 domestic accounts; no foreign accounts will be permitted. You agree that you will only attempt to enroll accounts for which you have the authority to transfer funds. All accounts requested to be used as part of this External Transfers will be verified in accordance with StellarOne procedures. The verification process must be completed by your prior to using this Service. You will have 5 days after enrolling an account to complete the verification process. Verification instructions are displayed to you during the enrollment process.

    Funds requested to be transferred will be debited/credited from/to your StellarOne account the business day following the day the transfer is initiated, provided the Bank's cutoff time for submitting external transfers. In the case of future dated and recurring transfers, these time limits will be the business day following the scheduled date of the transfer. The cutoff time for initiating transfers is 3:00 p.m. EST.Funds requested to be transferred will be debited/credited to the non-StellarOne account according to the receiving bank's availability and transaction processing schedule.

    Request for immediate transfer of funds can not be cancelled. Future dated and recurring transfers can be canceled by 2:00 EST the day prior to the scheduled date. Transfers in the In Process, Pending, or Processed you cannot cancel the transfer.

    There are no fees for incoming transfers; outgoing transfers are subject to a $5.00 fee per transfer. Fees are subject to change. Transfers are subject to the following limits unless otherwise agreed upon by you and StellarOne:

    1. Three inbound transfers per day not to exceed a total of $1,000.
    2. Three outbound transfers per day not to exceed a total of $5,000.

    The above limits apply to the total of all Bank to Bank transfers of a specific type for all accounts enrolled. We may change your dollar limit and transfer limits at any time with prior notice.We reserve the right to provide provisional credit for at least two business days or until the inbound transfer has settled.

    In the event Bank to Bank transfer service is terminated, you agree to pay Bank for all returned inbound transfers submitted prior to termination.

    Commercial/Business accounts are not protected by consumer protection laws including, but not limited to Regulation E (Electronic Funds Transfer Act).

    For Problem Resolution, Call or Write:

    StellarOne
    105 Arbor Drive
    Christiansburg, VA 24073
    Our business days are Monday through Friday.
    Phone: 888.785.5271

    III. Additional Provisions Applicable Only to Business Accounts

    Online Banking for business accounts is subject to this agreement, the Business e Solutions Client Agreement and any prior legacy Bank agreement and their successors as their interest may appear including but not limited to merger, acquisition and consolidation or any amendments thereto. A current copy of the Business e Solutions agreement can be obtained by contacting StellarOne Treasury Management Operations at TreasuryManagement@StellarOne.com or 877.920.6888.

    Protecting Your Passwords

    You further agree that StellarOne will not be responsible or liable to you in any way if information is intercepted by an unauthorized person. You agree to: 1) keep your password secure and strictly confidential and 2) immediately notify the Bank and select a new password if you believe your password may have become known to an unauthorized person. StellarOne will have no liability to you for any unauthorized payment or transfer made using your password that occurs before you have notified us of possible unauthorized use and we have had reasonable opportunity to act on that notice.

    Acknowledge of Commercially Reasonable Security Procedures

    By using StellarOne's online banking system, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we have had a reasonable opportunity to act on such).