Welcome to The Exchange Bank Online Banking

The Exchange Bank of South Carolina, Inc. is pleased to offer you the many benefits of The Exchange Bank Online Banking. Using your personal computer and the Internet, you will be able to obtain information concerning your accounts, transfer funds between your accounts, arrange for the payment of your bills, and conduct other banking transactions as described in this Agreement, subject to the limitations of your software.

Definitions
In this Agreement, "Exchange Bank," "Bank," "we," "our," and "us," refer to The Exchange Bank of South Carolina, Inc. "You," and "your" refer to any person authorized to access one or more accounts using The Exchange Bank Online Banking and each person who has an interest in an account or other relationship which is accessible through The Exchange Bank Online Banking. "The Exchange Bank Online Banking" means the online banking service provided by Exchange Bank. "Bill Payment Service" and "Service" refer to the electronic bill payment system available through The Exchange Bank Online Banking. "Electronic message" means an electronically transmitted message, which allows the text to be displayed on equipment in the recipient's possession (such as a modem-equipped personal computer). An electronic message is considered written notice for purposes of this Agreement. "Primary Account" refers to the account you have designated as the account from which your applicable The Exchange Bank Online Banking service charges will be paid. "Account" or "accounts" refer to your accounts that may be accessed through The Exchange Bank Online Banking. "Access Password" or "password" is the Personal Identification Number (or PIN) which has been assigned to you or which you select to access The Exchange Bank Online Banking. "Customer ID" means your ATM/Check Card number or a number assigned to you by us. "Payee" is a person, business, or any other entity to which you direct payments through the Bill payment service. "Agent" has the same meaning as used in the Exchange Bank disclosure entitled Understanding Your Deposit Account. "Payment instructions" are instructions you give us through The Exchange Bank Online Banking to make a payment on your behalf from funds in your checking account using the Bill Payment Service. "Transfer instructions" are instructions you give us through The Exchange Bank Online Banking to transfer funds between accounts you can access through The Exchange Bank Online Banking. "Business day" means any day Monday through Friday, except bank holidays. "The Exchange Bank Online Banking" means The Exchange Bank Online Banking accessed over an Internet connection and viewed via a web browser.

Our Agreement with You
Your use of The Exchange Bank Online Banking is governed by this Agreement, our Fee Schedule and Interest Disclosures, your application for The Exchange Bank Online Banking and Bill Payment Service, any instructions we provide you on using The Exchange Bank Online Banking, and any other agreements applicable to the deposit or loan accounts you access through The Exchange Bank Online Banking, including our agreement entitled Understanding Your Deposit Account, any applicable overdraft protection agreement, and any other applicable loan agreement, as they all may be amended from time to time. Any use of The Exchange Bank Online Banking by you, or by anyone you authorize, is your acknowledgment that you have received this Agreement, understand it, and agree to be bound by it. In the event of any conflict between this Agreement and any other agreement governing your deposit or loan accounts, this Agreement will control.

Access to The Exchange Bank Online Banking
To use The Exchange Bank Online Banking, you need a computer, with modem or equivalent communications connection device, Internet service with a service provider of your choice, your password, and your Customer ID. We will assign you a password to use the first time you sign on to The Exchange Bank Online Banking. At the time you first sign on, you must then select a new password. You may change your password at any time, but not more than once on the same day. We will require that you change your password periodically. It is your responsibility to remember your password; we do not maintain a record of it. To use The Exchange Bank Online Banking, you also need a web browser meeting the minimum requirements described below, which may change from time to time.

System Requirements
To access and retain communications from us regarding online banking, your computer (hardware and software) must meet the following requirements.

• You need a personal computer with software to access the Internet, an Internet connection, and a version that offers a secure web browser that supports 128-bit encryption. We recommend you use at least version 5.x of Internet Explorer.

• To print or download communications, you must have a printer connected to your computer and software which allows you to print from your computer, or sufficient hard-drive or disk space to save the agreement.

If we upgrade the minimum system requirements, we will notify you of the revised requirements and you are asked to confirm your consent to receive electronic disclosures; you will have the right to withdraw your consent by following the process described above.

Use of Your Password
When you or any authorized user signs on to The Exchange Bank Online Banking using your Customer ID and password, you authorize us to follow the instructions we receive relating to your accounts and to charge and credit your accounts according to those instructions. Since your password is the principal security measure to protect access to your accounts, you agree that you will not give your password or make it available to any unauthorized person. If you do give your password or make it available to another person, you authorize that person to access your accounts through The Exchange Bank Online Banking and to give us The Exchange Bank Online Banking instructions relating to your accounts as an authorized user. You also authorize us to comply with those instructions even if that person exceeds your authorization.

Except to the extent prohibited by applicable law or regulation, you will be deemed to have expressly authorized any The Exchange Bank Online Banking transaction 1) initiated by you, at your direction, or with your consent (whether expressed or implied), 2) initiated by an agent with respect to any account which you may access through The Exchange Bank Online Banking, 3) initiated by a member of your household, whether or not related to you, 4) initiated by any person (or that person's agent) who is the owner or co-owner of any account which you may access through The Exchange Bank Online Banking, 5) which results in the transfer of funds between accounts you may access through The Exchange Bank Online Banking, even if subsequent transfers out of the accounts benefit someone else, 6) which is to or for your benefit (for example, the payment of a debt for which you are partially or fully liable), or 7) which you contend is unauthorized, unless you cooperate fully with us in our investigation of the transaction, assign to us your right of recovery against the wrongdoer if we reconstitute your account, and cooperate fully with us in the recovery of any loss we sustain and the prosecution of any wrongdoer. Any person initiating the foregoing transactions will be deemed an authorized user except to the extent prohibited by applicable law or regulation.

If You Believe Your Password is Lost, Stolen or Used Without Your Authority
Please tell us AT ONCE if you believe your password has been lost, stolen, or used without your authority. Telephoning is the best way of keeping your possible losses down. Call us collect at 1-843-355-6181, or write; The Exchange Bank of South Carolina, 130 West Main Street, Kingstree, SC 29556. You could lose all the money in your account, plus the maximum amount of any line of credit linked to your account. If you believe your password has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone used your password without your permission to make an unauthorized electronic fund transfer (as defined by federal law). If you do NOT tell us within two business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500. Losses could include not only money in your account, but also advances on any credit line associated with your account.

Reliance on Your Instructions
We may rely and act on instructions we receive through The Exchange Bank Online Banking from you, from anyone to whom you gave your password or made your password available, from anyone acting at your direction or with your consent (express or implied), from anyone acting with authority from you (express or implied), from any person who is an agent with respect to any account which you may access through The Exchange Bank Online Banking, and from any co-owner or other person having an interest in the account. All such instructions will be considered as having been given to us directly by you, and shall have the same authority as your written signature in authorizing us to comply with the instructions.

Services Available Through The Exchange Bank Online Banking
You may use The Exchange Bank Online Banking to conduct the following account transactions: 1) obtain information concerning your deposit and certain of your loan accounts, 2) transfer funds between certain of your deposit accounts, 3) transfer funds from your deposit accounts to make payments on certain loan accounts with us, 4) transfer funds from your Home Equity Line of Credit to certain deposit and loan accounts or to make payments on certain loan accounts with us, 5) request us to stop payment on checks, 6) reorder checks, and 7) request copies of checks/withdrawals and statements and 8) direct us to make payments to third parties from your checking account using The Exchange Bank Online Banking Bill Payment Service. Your use of The Exchange Bank Online Banking to conduct these services is subject to the terms and limitations stated in this Agreement and the applicable instructions we provide you. We may introduce additional The Exchange Bank Online Banking services from time to time and will notify you, as these new services become available. By using any new The Exchange Bank Online Banking services when they become available, you agree to be bound by this Agreement, any amendments to this Agreement regarding the new services, and any additional rules, which we provide you concerning the new services. In addition, we may change or remove services as we revise or update The Exchange Bank Online Banking; in this case, we may terminate or modify this Agreement as to prior versions of The Exchange Bank Online Banking and limit access only to revised or updated services.

Accounts You May Access

Deposit Accounts
Subject to any restrictions we may impose from time to time, you may access any of your Exchange Bank deposit accounts through The Exchange Bank Online Banking. You must be the owner or a co-owner of each account. You must designate one of your accounts as the Primary Account for service charges as well as for Bill Pay.

Related Credit Lines and Loans.
If you have a Home Equity Line of Credit, an Overdraft Line of Credit or loans, you agree that the lines of credit may be accessed through The Exchange Bank Online Banking. You understand and agree that the provisions of the agreement relating to your credit line will govern overdrafts, automatic advances to maintain the minimum balance necessary to avoid account service charges, and direct advances resulting from your use of The Exchange Bank Online Banking. You authorize us to charge your related deposit account for any payments owed on your line of credit, regardless of whether the line of credit is in default.

Account Information
You may use The Exchange Bank Online Banking to obtain balance information and transaction histories for certain deposit and loan accounts. Balance information and transaction histories reported through The Exchange Bank Online Banking may not include transactions, which have occurred since the close of business on the previous banking day. Balance information shown for your deposit accounts may include Current Balance and Available Balance. These balance amounts may differ. The Available Balance provides the most current balance information. Transaction history information is available for your current statement cycle plus the previous two statement cycles.

Transfers Between Exchange Bank Accounts
The Exchange Bank Online Banking permits you to transfer funds from a deposit account or from your equity line of credit account to any other deposit account, a line of credit or credit card, and installment loans you can access through The Exchange Bank Online Banking. The "transfer date" is the date you enter for the transfer of funds from one account to another. Transfer of funds from a deposit account or HELOC to another deposit account will generally be processed simultaneously on the transfer date regardless of the day or time of the transfer. For example, if you transfer funds from Account A to Account B, the funds will be debited from Account A and credited to the available balance in Account B simultaneously on the transfer date. The funds will be available immediately upon the transfer for withdrawal from Account B through an ATM or debit card transaction or at a teller window, and will also be available to honor checks or other items presented for payment against Account B in the nightly processing following the transfer. Transfers of funds from a deposit or HELOC to a loan account will be processed as follows: 1) the transfer will be debited from your deposit account/HELOC when we execute the transfer on the transfer date (regardless of the day or time we receive your instructions); and 2) the transfer will be credited to your loan account during our nightly processing of the loan account. The transfer will be credited to your loan account on the transfer date if 1) the transfer date you designate is a business day, and 2) we receive your instruction to transfer the funds to your loan account no later than 9:00 p.m. Eastern Time on the transfer date. If you designate a non-business day as the transfer date, or if we receive your transfer instructions after 9:00 p.m. Eastern Time on the transfer date, the transferred funds will be credited to your loan account as of the next business day following the transfer date.

You are permitted to change or cancel any future or recurring transfer instructions you have given us using The Exchange Bank Online Banking. To do so, you must enter your change/cancellation instructions through The Exchange Bank Online Banking and transmit the information to us prior to 9:00p.m. Eastern Time on the transfer date.

a. Payment Instructions. In General. In designating a payee for bill payment, you must provide us with detailed "payment instructions," including the payee's name and address, your account number (if any) with the payee, the payment amount, the "payment date" (as defined in subsection c. below), and the frequency of payments. You authorize us to follow your payment instructions and to rely on the accuracy of all information you provide. Payment instructions we receive from you are not processed instantaneously; rather, your instructions are processed with other transactions affecting your account during our nightly processing of your account after the close of each banking day. Payment instructions received on a non-business day or after 3:00 p.m. on a business day will not be processed or considered received until the next business day. Payment will be made, and your account will be charged, according to the provisions set forth below. We reserve the right to select the method in which to remit funds on your behalf to the payee. Payment methods may include, but are not limited to, an electronic payment, an electronic to check payment, or a laser draft payment.

b. Designation of Payees. Before we can pay a bill for you, you must set up the payee on the Service. Because it may take several days to complete set-up processing, you must provide us with payment instructions for a new payee (or to reestablish a payee you previously deleted from your payee list) at least five business days before the first payment date you designate for that payee. The payment of taxes, payments into court, and payments to payees located outside the continental United States through Bill payment service are prohibited, whether or not the Bill payment service executes the transaction. You will be solely responsible for any claims or damages resulting from your scheduling of these types of payments or from any payments to prohibited payees, whether or not we refuse to make the payment or the payment is delayed or improperly processed. We reserve the right to refuse to pay any person or entity to which you may direct a payment. We will notify you promptly if we decide to refuse to pay a person or entity designated by you; however, we are not required to notify you regarding a prohibited payee or any payment prohibited under this Agreement.

c. Payments. The "payment date" that you enter with your payment instructions is the date you want the payee to receive your payment and also is the date we will charge your account for the amount of the payment. We must receive your payment instructions for a particular payment at least four business days before the payment date you designate. If we receive your payment instructions less than four business days before the payment date, we may not make the payment. In order to ensure adequate time for the payee to receive the payment, the "payment date" you enter must be (1) at least four business days after the date you enter your payment instructions and (2) no later than the date you want the payee to receive the payment ("the payment due date"). Some payees require payment to be received before 5 p.m. on the payment due date; in this case, the payment date you enter must be at least one business day before the actual payment due date. The payment date you specify must be a business day. If the actual payment due date falls on a non-business day, you must select a payment date that is at least one business day before the payment due date. If you specify a payment date that is not a business day, we will consider the immediately previous business day as the payment date, and we will charge your account on that date. The payment date you enter with your payment instructions should be prior to any late date or grace period. If your payment instructions do not meet all of these requirements, you bear the risk that the payee will not receive your payment by the payment due date, and you will be responsible for any and all late fees, penalties, finance charges and other actions taken by the payee.

d. Bill Pay Account. All bills paid through the Bill payment service must be paid from the checking or savings account you have designated. You authorize us to charge your checking or savings account according to your payment instructions. You agree that you will have funds available in your checking or savings account for each payment by 3:00 p.m. on the payment date you have designated in your payment instructions.

If you do not have sufficient funds in your designated account to cover the transaction, the transaction may not be completed or, in our discretion and without notice to you, we may complete the transaction with the payee and make additional attempts to debit your account for the amount plus associated service fees and charges or otherwise seek recovery of the amount and service fees and charges from you. In either event, you are responsible and agree to reimburse us for all insufficient funds and related service fees and charges, and you remain liable to us for all funds we have advanced plus applicable service fees and charges until we are paid in full. If we are unable to complete the payment transaction according to your payment instructions for other reasons (such as incomplete or inaccurate information), the transaction will not be completed. We will attempt to notify you by e-mail or US mail, but we shall have no obligation or liability if we do not complete a transfer or payment because there are insufficient funds in your account to process the transaction or because of incomplete or inaccurate information, and you are responsible for either making alternate arrangements for the payment or rescheduling the payment through Bill Payment services.

e. Limitations.We are only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will not be liable in any way for damages you incur if you do not have sufficient funds in your account to make the payment on the processing date, for delays in mail delivery, for changes to the payee's address or account number unless you have advised us of the change sufficiently in advance, for the failure of any payee to correctly account for or credit the payment in a timely manner, if you have not provided correct payment information, if you have been advised that the payment processing center is not working properly but you execute a transaction anyway, or for any other circumstances beyond our control.

f. Warranty Disclaimer. The Bill payment service is provided "AS IS" without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

Alerts

Security Alerts
Security Alerts are sent to you automatically when changes are made online to your email address, Customer ID, Password, or answers to Security Questions. Security Alerts also are sent when we suspend or terminate access to your online banking account. We will send Security Alerts to you at the Profile email address we have for you in our records and to your Alerts Inbox, which you will see when you log in to your online banking account. Security Alerts are included in our online banking service and are not optional.

Account Alerts
Account Alerts are sent to you only if you complete our Account Alerts enrollment process. You must enroll online for Account Alerts and will be prompted to select the accounts and types of transactions for which you will receive the Alerts. Examples of transactions you may select for Account Alerts include: drops in your account balance below your specified threshold, debits and/or credits above or below your specified amounts, insufficient funds in your account to cover a check or electronic debit that is presented for payment to your account, payments of checks or electronic debits that overdraft your account, and daily balance summaries.

When you enroll for Account Alerts you will be asked to designate email address contact points to which the Account Alerts will be delivered ("Contact Points"). In addition to your designated Contact Points, your Account Alerts will also be delivered to your Alerts Inbox within online banking. Your enrollment for Account Alerts constitutes your consent to our delivery of Account Alerts to your designated Contact Points. You are responsible for notifying us of any changes to your email address and Contact Points, and we will have a reasonable time to make such changes (but no less than two (2) business days).

You may make additions, deletions, and modifications to your Alerts selections at any time. To modify or discontinue your Account Alerts, log in to your online banking account and change your selections from the Set Alerts page.

General Information about Alerts
Alerts are available only for your accounts that may be accessed through online banking. We will not include your full account number in an Alert; however, Alerts may contain our name and certain other information about your accounts depending upon the Alert, such as information pertaining to your account balances, debits or credits to your account, or insufficient funds. Anyone with access to your email may be able to access the contents of the Alerts. It is your responsibility to secure your computer, secure and protect your Customer ID and Password and otherwise secure and protect your email from unauthorized access, and provide us with timely and accurate information about your email address and designated Contact Points, in order to protect the confidentiality of your information.

Alert balances will not reflect pending transactions, and deposits mentioned in an Alert may not be available for immediate withdrawal. If you require additional details about a transaction contained in an Alert, you may log in to online banking to view transaction information or send us a secure email through online banking. You may also contact us at 1.888.612.4444 from 7 a.m. - 10 p.m. Monday thru Friday and 9 a.m. –  4 p.m. Saturday.

We do not guarantee the delivery or accuracy of the contents of Alerts. We shall not be liable for any (a) delay, failure to deliver, or misdirected delivery of an Alert; (b) errors in the content of an Alert; or (c) actions taken or not taken by you or any third party in reliance on an Alert. We may change, suspend or terminate the Alerts service at any time without prior notice.

Transaction Limitations.
For savings and money market accounts, federal regulations limit the total of third party transfers (such as checks, automatic drafts and debit card purchases),  pre-authorized transfers and online or telephone transfers to 6 per statement cycle.  Withdrawals in person and transfers for purposes of repaying an Exchange Bank loan are unlimited.  For security reasons, we may impose additional limits on the frequency, number, and dollar amounts of transactions you can perform using The Exchange Bank Online Banking.  In addition, as noted herein, we reserve the right to refuse to pay any person or entity to which you may direct a payment through The Exchange Bank Online Banking.  We will notify you promptly if we decide to refuse to pay a person or entity designated by you; however, this notification is not required if you direct us to make any payment which is otherwise prohibited under your agreement with us.

Overdrafts.
If your use of The Exchange Bank Online Banking overdraws your account and the overdraft is not covered by an approved line of credit relating to the overdrawn account, you agree to make immediate payment to us of the amount of any such overdraft, together with related service charges. You also agree that we may charge the overdraft and related service charges against your other accounts with us to the extent permitted by law or by your Deposit Account Agreement.

Your Right to Stop Payment and Your Right to Receive Notice of Varying Amounts

a. Stop Payment Procedure. If you have told us in advance to make regular payments or transfers out of your account, you can stop any of these payments or transfers by following the procedures outlined in this document. We begin processing bill payment instructions approximately four business days before the designated payment date. You may change or cancel any bill payment instructions you have given us using online banking (you will not be subject to our normal stop payment order fees) if you enter and transmit, through online banking, your change or cancellation instructions and we receive those instructions before 3:00 p.m. eastern time at least four business days before the designated bill payment date. Once the Bill Payment Service has started processing your payment, the payment cannot be changed or cancelled, and you must submit a stop payment request in the manner provided in the Service or in your Deposit Account Agreement. You may change or cancel the instructions you have given us to transfer funds from one of your accounts to another using online banking if you enter and transmit through online banking your change or cancellation instructions at any time prior to the time we actually execute your transfer instructions.

Alternatively, you may change or cancel bill payment or funds transfer instructions if you call us collect at 1-843-355-6181 or write us at The Exchange Bank of South Carolina, 130 West Main Street, Kingstree, SC 29556, in time for us to receive your change or cancellation instructions seven business days or more before the designated payment or transfer date. If you call, we may require you to put your request in writing and to get it to us within 14 days after you call. Normal service charges apply for each change/stop payment order requested by telephone or in writing.

b. Failure to Stop Payment of Pre-Authorized Transfer. If you order us to stop one of these payments within the applicable time frame indicated above, and we do not do so, we will be liable for your losses or damages due to our failure except as otherwise limited in this Agreement.

Electronic Mail.
One of the features of The Exchange Bank Online Banking is electronic mail (Exchange Bank Online Mail), which allows you to communicate with us electronically. If you send us an electronic mail message, we will be deemed to have received it on the following business day. We will be diligent in responding to your e-mail. Do not rely on e-mail if you need to communicate with us immediately, for example, to report an unauthorized transaction from one of your accounts or to stop a pre-authorized payment. If you would like a secure way to contact us through The Exchange Bank Online Banking, use the electronic forms provided with Exchange Bank Online Mail. Exchange Bank Online Mail messages sent to the Bank are the property of the Bank and we reserve the right to delete such messages from the system from time to time.

Fees and Charges.
You agree that we may charge your checking or savings account for all fees and charges relating to The Exchange Bank Online Banking in accordance with the applicable fee schedule. We reserve the right to change applicable fees and charges at any time. We will provide you with any notice required by law of any changes to our fees and charges. If your Primary Account does not have a sufficient balance to pay all applicable fees and charges due, we may exercise our right of setoff against any of your other accounts as provided by law or your Deposit Account Agreement. Any applicable fees will be charged regardless of whether you use a service during the billing cycle.

Termination or Discontinuation.
You may terminate or discontinue The Exchange Bank Online Banking by giving us at least 10 days prior written notice. You may call us collect at 1-843-355-6181, or you may mail your notice to The Exchange Bank of South Carolina, 130 West Main Street, Kingstree, SC 29556. You will not be entitled to the refund of any prepaid fees or charges. You must tell us your name, address, whether you are discontinuing The Exchange Bank Online Banking, Bill payment service or both, and the effective date to stop the service. Note: Exchange Bank Online is required for Bill Payment Services.

When Bill Payment is terminated, any prescheduled bill payments made through The Exchange Bank Online Banking will also be terminated. Your final charge for the Bill Payment service will be assessed at the end of the month. If you terminate a Bill Payment service, you authorize us to continue making fund transfers, bill payments or other transactions you had previously authorized until we have a reasonable opportunity to act upon your termination notice. If you are not paying a monthly service charge for the service, we may convert your account to inactive status if you do not sign on to the service or have any transactions scheduled through the service during any consecutive ninety day period. If your account is considered inactive, you must contact us to have the service activated before you will be able to schedule any transaction through the service.

We can refuse The Exchange Bank Online Banking services to anyone. We may terminate your The Exchange Bank Online Banking services at any time without prior notice and with or without cause. If more than one person can access an account through The Exchange Bank Online Banking, we reserve the absolute right to terminate all The Exchange Bank Online Banking access to the account upon the request of the account owner, any account co-owner, or any other person authorized to access the account. In addition, CheckFree may terminate your access to the Bill payment service without prior notice to you, with or without cause. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement, and you will remain liable for payments, transfers and other transactions in process and for the payment of any accrued fees and charges.

Notices.
Any notice we give you concerning The Exchange Bank Online Banking and/or your accounts is effective when we send you an electronic message or when we mail or deliver the notice to you at the address we have for you in our account records. Any notice we send you will be deemed to have been received by you within three days of being sent. If any of your accounts has more than one co-owner, notice to any one co-owner will be considered effective notice to all. To the extent permitted by law or regulation, you agree that we may send you by means of an electronic message any information we are required by law or regulation to provide you orally or in writing. You may request a paper copy of the information up to sixty days after receiving our electronic message.

Change of Address.
You agree to notify us promptly in writing of any address change, including regular mail and electronic mail addresses. You may call us collect at 1-843-355-6181 or send written instructions to us at The Exchange Bank of South Carolina, 130 West Main Street, Kingstree, SC 29556.

Joint and Several Liability.
If any one or more of your deposit accounts has co-owners, each co-owner will be jointly and severally liable for any obligation, which arises from the use of The Exchange Bank Online Banking to access the account. This joint and several liability shall extend as well to any line of credit accessed through any such account.

Warranty.
We may on a regular basis perform maintenance on our equipment or system, which may result in interrupted service or errors in the service. We also may need to change the scope of our services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We make no representation that The Exchange Bank Online Banking services (including the Bill payment service) will be uninterrupted or error free. Our sole obligation to you arising out of (i) the non-availability of The Exchange Bank Online Banking, or (ii) an interruption or delay in providing The Exchange Bank Online Banking shall be to use commercially reasonable efforts to resume such services. THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BANK OR CHECKFREE (OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY COMPUTER EQUIPMENT, THE EXCHANGE BANK ONLINE BANKING SERVICE AND/OR THE BILL PAYMENT SERVICE. WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING THE EXCHANGE BANK ONLINE BANKING, BROWSERS, INTERNET SERVICES, OR OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, EXCEPT TO THE EXTENT LIMITED OR PROHIBITED BY LAW. IN NO EVENT SHALL ANY LICENSOR OR PROVIDER OF ANY SOFTWARE OR SERVICE PROVIDED BY OR THROUGH US HEREUNDER BE LIABLE TO YOU FOR ANY ERROR, LOSS OF DATA, MALFUNCTION, OR DEFECT OF OR CAUSED BY SUCH SOFTWARE OR SERVICE. ALL SUCH SOFTWARE AND SERVICES ARE PROVIDED "AS IS."

Liability for Loss of or Erroneous Data.
Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system, including but not limited to damage or loss resulting from date related problems.

Virus Protection.
You agree that we are not responsible for any electronic virus that you may encounter using The Exchange Bank Online Banking. We encourage you to routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.

Ownership of Materials.
The content and information on our site is copyrighted by Exchange Bank and the unauthorized reproduction or distribution of any portions is prohibited.

Amendments.
We reserve the right to amend this Agreement at any time. We will provide you with any notice required by law of any changes to the terms of this Agreement. Your use of The Exchange Bank Online Banking after we amend this Agreement will constitute your acceptance of such changes.

Assignment.
You may not assign this Agreement to any other person or entity. We may assign this Agreement to any company with which we are directly or indirectly affiliated. We may also assign or delegate certain of our rights or responsibilities under this Agreement to independent contractors or other third parties.

No Waiver.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless we send the waiver to you by electronic message or we otherwise mail or deliver to you a written waiver signed by us. No delay or omission on our part in exercising any of our rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies we may have. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflicts of law provisions, and applicable federal law.

RECEIPT OF ELECTRONIC COMMUNICATIONS

In order to access and use online banking, you must agree and consent to receive the  Online Banking Agreement electronically. You must agree to the Agreements in electronic form, and you must consent to receive Agreements and all communications regarding online banking (including any fee schedule) electronically. If you DO NOT AGREE, YOU WILL NOT BE ABLE TO ACCESS ONLINE BANKING. (See CONSENT SECTION LATER IN THIS AGREEMENT)

The following information will be provided electronically:

• The Agreements; and,
• All communications (including disclosures and notices) regarding online banking, such as the online fee schedule, all future amendments (including the Agreement, and all notices of changes, suspensions, restrictions, and termination of online banking services.

We will provide future communications electronically by posting the communication or posting a link to communication on the online banking log-in page or on a separate web page that you must click through to access online banking. We also may send communications to your e-mail address. You consent to receive electronic communications by posing, e mailing or both. You may download or print the communications from the online page if the computer has the hardware and software described below. We will post or e-mail communication of changes and their effective date when the law or regulations require us to do so. However, your use of online banking on the effective date of any communication means that you have accepted the communication. To change your mailing address, see the section of the ONLINE BANKING AGREEMENT section titled "Change of Address".

Online banking is available ONLY if you accept the Agreements and all communications through online banking electronically. We are not required to provide paper copies of these materials however a paper copy is available by writing to the address listed below or you may visit any of our Exchange Bank Branch Offices. You may withdraw your consent to receive electronic disclosures by calling us collect at 1-843-355-6181 or by mailing notice to us at: The Exchange Bank of South Carolina, 130 West Main Street, Kingstree, SC 29556. Your mail or telephone request must state that you are withdrawing your consent for future electronic delivery of online banking communications, state that you are terminating the online banking service and include your name and account number. IF YOU WITHDRAW YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS, YOUR ONLINE BANKING SERVICE WILL BE CANCELLED. Unless you specify a later date in your request, your withdrawal order will be effective within ten days after we receive your mail or telephone request. There are no service charges for withdrawing your consent; however, you may be charged fees for online banking through a certain period (such as the end of the month) in connection with termination of the online banking service.  This document is for disclosure purposes ONLY by The Exchange Bank of South Carolina, Inc., for Online Banking agreements and does not constitute your acceptance or non-acceptance to the terms indicated above.  Your acceptance of our terms is required to be documented in paper form upon your decision to sign up for Online Banking.