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Introduction

This Online Access Agreement (this "Agreement") contains the terms that govern your use of the Century Bank Personal Online Banking and Business Online Banking services. In this Agreement we will use the word "Service" to refer to both the Personal Online Banking and Business Online Banking services. You may use the Service to access your Eligible Accounts (defined in section II of this Agreement) through the Internet. You may also use the Service to access a number of Online Financial Services (defined in section V of this Agreement) through the Internet.
 
By using the Service to access Eligible Account or Online Financial Service you are agreeing to the terms of this Agreement.
In this Agreement, the words:

• "we," "us," "our" and "Century Bank" are used to refer to Century Bank;
• "you" or "your" is used to refer to the owner of an Eligible Account or an authorized representative;
• "consumer" is used to refer to a natural person who owns an Eligible Account with respect to which an Online Financial Service is requested primarily for personal, family or household purposes;
• "business" is used to refer to anyone other than a consumer who owns an Eligible Account with respect to which an Online Financial Service is requested; and
• "authorized representative" is used to refer to a person with authority of any kind with respect to an Eligible Account or an Online Financial Transaction.

 
WAIVER OF REQUIREMENT FOR TWO SIGNATURES. Principles recognize that any requirement of verifying two signatures on checks, if such a requirement exists, does not apply to electronic or telephone transfers, including online bill payments, and release Century Bank from liability when making such transfers or payments. This means that any person who is authorized to act as a signer on your account shall be authorized by you to individually make electronic or telephonic transfers, including online bill payments from your account, 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.
 

Hardware Security

You agree to the following with respect to maintaining security when access Online Banking:

1.The Service will only be accessed from a computer with the most up-to-date anti-virus software which has been configured to operate in real time protection mode, has anti-virus library definitions set to update automatically and anti-virus scans to be done at a minimum of once per week.
2.The Service will only be accessed from a computer with the most up-to-date anti-spyware software which has been configured to operate in real time protection mode, has anti-spyware library definitions set to update automatically and anti-spyware scans to be done at a minimum of once per week.
3.The Service will be accessed from a computer that the operating system and security patches are up-to-date. It is recommended that the auto update features of the software be turned on to ensure personal computers have the protection of the most recent updates and patches to the operating system.
4.The Service will accessed from a computer secured with a firewall to prevent unauthorized access from remote computers, as well as to help inhibit the spread of viruses. The built in firewalls in Windows Vista, Windows XP and MacOS are adequate.
 

Software Security

You will be given a password that will give you access to your Eligible Accounts through the Service. This password can be changed within the Service. We recommend that you change your password regularly (at least every six months). We are entitled to act on instructions received under your password or a password you assign, if a business. For security purposes, it is recommended that you memorize the password and do not write it down. You are responsible for keeping your password and Eligible Account information confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account, notify Century Bank at 1.505.424.2828, or write to Century Bank, Deposit Operations, P.O. 1507, Santa Fe, NM 87504.
 

Additional Security Features

 
Additional Security Features are available for Personal Online Banking and Business Online Banking:
1.Trusted IP - allows an individual or a company to designate a specific IP address from which the user(s) may access from. Trusted IP is based on the individual or company ID and therefore is required to be used for all end users.
2.Secure Token - provides an additional layer of security and is used in conjunction with a user ID and password. Secure Tokens are required for all Business Online Banking customers using ACH or Wire Transfer services.
3.Time Restriction - allows a Business Online Banking administrator to designate specific times that a user may access the company information.
To set up any of these features, please contact us at 505-424-2888.
 

Eligible Accounts

 
Each Century Bank product you have with us that you enroll in the Service is called an "Eligible Account". Examples of products that you may elect to enroll as Eligible Accounts include deposit accounts and loan products.
 
• the terms or instructions appearing on a screen when using the Service;
• Century Bank's rules, procedures and policies applicable to each Eligible Account and each Online Financial Service;
• the rules and regulations of any funds transfer system used in connection with an Online Financial Service; and
• applicable state and federal laws and regulations.


Access to Eligible Accounts

 
You authorize Century Bank to provide access to some or all Eligible Accounts through the Service. For each Eligible Account to which access is provided, you may request removal of such access by sending an E-mail through the Service or by calling Century Bank Customer Service at 505-424-2888.
You may access an Eligible Account at the Century Bank website at https://www.mycenturybank.com (called the "Website") to obtain balances, transaction history and other information. To access an Eligible Account or use an Online Financial Service you must have a password and the required hardware and software. Subject to the terms of this Agreement, you will generally be able to access your Eligible Accounts through the Website seven days a week, 24 hours a day. A transfer completed through a Service before the transfer cutoff time on a business day will be posted to your Eligible Account the same day. All transfers completed after the transfer cutoff time on a business day or on a day that is not a business day, will be posted on the next business day. The transfer cutoff time is 6:00PM (Mountain Time). Every day is a business day except Saturdays, Sundays and federal holidays.
At certain times, the Service may not be available due to system maintenance or circumstances beyond our control. During these times, you may use our telephone banking service, a Century Bank automated teller machine ("ATM") or a Century Bank branch to obtain information about your Eligible Accounts.
 

Electronic Mail (E-mail)

 
One way of communicating with us is by sending an E-mail. The Service has provided a secure E-mail form for you to ask questions about your account(s) or give comments on the Service. This form can be found within the service under Contact Us or you may use the Guestbook at www.mycenturybank.com under Contact Us. To ensure the security of your Eligible Account information, we recommend that you use only this E-mail form when asking specific questions about your Eligible Account(s). You cannot use E-mail to initiate transactions on your Eligible Accounts. For transactions, please use the appropriate functions within the Service or call -505-424-2828. If you send Century Bank an E-mail, Century Bank will be deemed to have received it on the following business day. Century Bank will have a reasonable time to act on your E-mail.
You agree that Century Bank may respond to you by E-mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Century Bank shall be considered received within three (3) days of date sent by Century Bank, regardless of whether or not you sign on to the website. Secure E-mail transmissions will be sent back through the Service and can be located in the Message Center.
 

Online Financial Services

 
You may use the Service to obtain such products and services as are then available through the Service as then disclosed at the Website (the "Online Financial Services"). With respect to your Eligible Accounts, this includes obtaining account information, transaction history and other information. In addition you may use Online banking to:
Transfer funds among your eligible accounts. Note: Because regulations require Century Bank to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:
a) Statement savings account. You can make no more than six transfers per statement period without incurring a fee. The Online Banking will not prohibit you from making another transfer if six have already been made in the current statement period, but you will be assessed a fee.
b) Money market checking account. You can make no more than six transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking and no more than three of these may be by check, draft or debit card. The Online Banking will not prohibit you from making another transfer if six have already been made in the current statement period, but you will be assessed a fee.
In some instances, balances and transaction history may only reflect activity conducted through the close of the previous business day. Century Bank may, from time to time, introduce new Online Financial Services. When this happens we will update our Website to include them. By using an Online Financial Service, you agree to be bound by the terms contained in this Agreement at that time.
 

Bill Pay Service

 
A. DESCRIPTION OF THE BILL PAY SERVICE. Bill Pay is provided to you for your convenience. The actual payment of such bills is handled by an independent third party, Princeton eCom. Century Bank cannot and will not guaranty, or have any responsibility whatsoever for the completion and accuracy of such transactions.
The Century Bank Bill Pay Service allows you to schedule bill payments through the Service. You can arrange, at your option, for the payment of your current, future and recurring bills from any eligible checking account (called the "Bill Pay Account"). Any payments you make through the Bill Pay Service must be payable in U.S. dollars to a payee located in the continental United States.
There is no limit to the number of payments that may be authorized. You may pay anyone approved for payment through the Bill Pay Service. However, payments to federal, state, or local tax agencies will not be processed. Century Bank does not advise use of the Bill Payment service to make payments to settle securities purchases, payments to interest bearing accounts, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited. By furnishing the names of your payees and their addresses, you authorize us to follow the payment instructions to these payees that you provide us via the Service. The date the payment is to be sent is called the "Payment Date". When we receive a payment instruction (for the current or a future date), we will transfer funds to the payee on your behalf from the funds in your Bill Pay Account on the Payment Date for Electronic Payees. For Check Payees a check will be processed on the Payment Date and the funds will clear your account when the check clears through normal banking processing.
We will not be obligated to make a payment unless your Bill Pay Account and/or linked overdraft protection plan has sufficient funds or Bounce Protection availability to pay the bill on the Payment Date.
 
B. NO DUTY TO MONITOR PAYMENTS. We do not have any duty to monitor the payments that are made through the Bill Pay Service. If you are a business and an authorized representative of yours uses your Bill Pay Account to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with such use.
 
C. STOP OR CHANGE INSTRUCTIONS. You have the right to stop or change any scheduled pending bill payment. However, you must cancel a payment by no later than 1 AM (Mountain Time) on the Payment Date. You may not place a stop payment order on an electronic payment.
Stop payment orders, whether oral, written, or electronic, will be in effect for a period of 14 days unless confirmed in writing to Century Bank. If confirmed in writing, the stop payment will remain in effect for six months. After six months the stop payment will terminate and must be renewed in order to continue in effect. Century Bank may pay any item that is presented following the lapse of any stop payment order. If you ask us to cancel a payment after it is issued and we agree to do so, we will charge a stop payment fee.
 
D. SCHEDULING PAYMENTS. There will be a delay between the Payment Date (the date your payment is sent) and the date the payee receives that payment. Any payments made through the Bill Pay Service require sufficient time for your payee to receive your payment and credit your account properly. To avoid incurring finance or other charge, you must schedule a payment sufficiently in advance of the due date of your payment. When you schedule payments, YOU MUST SCHEDULE THE CHECK PAYMENTS AT LEAST 5 - 7 FULL BUSINESS DAYS PRIOR TO THE DATE THE PAYMENT IS DUE AT YOUR PAYEE AND ELECTRONIC PAYMENTS AT LEAST 3 FULL BUSINESS DAYS PRIOR TO THE DATE THE PAYMENT IS DUE AT YOUR PAYEE.
 

Linked Eligible Accounts

Eligible Accounts that are linked together will appear together. This means, for example, that when an authorized representative of an Eligible Account accesses the Service that authorized representative will be able to view and access at a single time the following accounts:
• the accounts of the business for which that person is an authorized representative;
• the accounts of any other business for which that person is an authorized representative; and
• any consumer accounts for which the person is a co-owner or authorized signer.
 

Authorized Representatives for Business Accounts

If you are a business, any authorized representative of your business is authorized on such terms, conditions, and agreements as we may from time to time require to:
 
• enter into this Agreement, as amended from time to time;
• access each Eligible Account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and
• use any Online Financial Service in any manner and for any purpose available through the Service whether now available or available at some time in the future
 

Electronic Fund Transfer Provisions For Consumers

A. APPLICABILITY. The provisions in this section IX apply only to electronic fund transfers that debit or credit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an EFT). Century Bank may, when applicable, rely on any exceptions to the provisions in this section IX that are contained in Regulation E. All terms not otherwise defined in this Agreement which are defined in Regulation E will have the same meaning when used in this section IX.
 
B. YOUR LIABILITY. Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:
1.If you notify us within two business days after learning of the loss or theft of your password, your liability will not exceed $50.
2.If you fail to notify us within two business days after learning of the loss or theft of your password, your liability will not exceed $500.
3.You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60-day period. You may, as applicable, also be liable for the amounts described in the immediately preceding sections 1 or 2 above.
4.If your delay in notifying us was due to extenuating circumstances, we will extend the times specified in the immediately preceding paragraphs 1, 2 or 3 above to a reasonable period.
5.You may notify us in person, by telephone, by E-mail during a secure session using the appropriate form, or in writing.
 
C. TELEPHONE NUMBER AND ADDRESSES. The telephone number and address of the person or office to be notified when you believe that an unauthorized EFT has been or may be made are:
1-505-424-2888 or 505-424-2888 Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding federal holidays.
Century Bank, Deposit Operations, PO Box 1507, Santa Fe, NM 87505
You can send an E-mail to the Century Bank Online Customer Service area by filling out the appropriate E-mail form in Guest book or use the Contact Us tab accessible after signing on with your password to a secure session.
 
D. INFORMATION REQUIRED. You must provide Century Bank with:
1. Your name and account number
2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or why you need more information.
3. The dollar amount of the suspected error and date on which it occurred.
 

Liability

A. OUR LIABILITY. Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Eligible Accounts and Online Financial Services. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Eligible Accounts or Online Financial Services through the Service. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Online Finance Services as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Online Financial Services.
IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.
We will not be obligated to honor, in whole or in part, any transaction or instruction which:
is not in accordance with any term or condition applicable to the relevant Online Financial Service or Eligible Account;
we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal;
would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines;
would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority;
is not in accordance with any other requirement of our applicable policies, procedures or practices; or
we have reasonable cause not to honor for our or your protection.
 
B. INDEMNIFICATION. Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Eligible Account, if you are an owner of an Eligible Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an Eligible Account or the performance of an Online Financial Service. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Service by you or your authorized representative.
C. THIRD PARTIES. Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Financial Services through the Service.
Century Bank is not responsible for combating fraud. Your are responsible for protecting your computer and the sites you access.
 

I. General Provisions

A. TERMINATION. Unless otherwise required by applicable law, Century Bank may terminate this Agreement and/or your access to any Online Financial Service through the Service, in whole or in part, at any time.
Access to the Online Financial Services through the Service, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control. You may request reinstatement of an Online Financial Service by calling Century Bank at 1-505-424-2888. If you have the Bill Pay Service and do not schedule or process a payment in your Payment Account via the Service for any three (3) month period, Century Bank may terminate your Bill Pay Service. If it does, your online bill payment information will be retained, but you will have to contact us to have it reinstated. If you decide to terminate the Service, we strongly suggest that you cancel all future bill payments at the same time that you cancel your Bill Pay Service. Termination of the Bill Pay Service will not automatically close your Eligible Accounts.
If you do not access your Eligible Accounts via the Service for any three (3) month period, we may inactivate your Service.
If you wish to cancel any of your Online Financial Services, contact Century Bank at 1-505-424-2888 or send us cancellation instructions in writing to Century Bank, Online Banking, P.O. Box 1507, Santa Fe, NM 87504.
 
B. CHANGES. Except as otherwise required by law, rule, or regulation, we may change the terms of this Agreement from time to time and at any time. When changes are made we will update this Agreement at the Website. The Website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time. If such a change is made, and it can't be disclosed without jeopardizing the security of the system, this Agreement will be updated within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing to use the Service. Changes to fees or terms applicable to Eligible Accounts are governed by the agreement otherwise governing the applicable account.
 
C. NOTICES. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN THE EVENT THAT WE ARE REQUIRED TO PROVIDE A NOTICE OR OTHER COMMUNICATION TO YOU IN WRITING, THAT NOTICE OR OTHER COMMUNICATION MAY BE SENT TO YOU ELECTRONICALLY TO YOUR INTERNET ADDRESS AS REFLECTED IN OUR THEN CURRENT RECORDS.
 
D. DISCLOSURE OF INFORMATION. The circumstances under which we will disclose information about you, your Eligible Accounts, or your Online Financial Services is set forth in the information that has been separately disclosed to you in the contracts, notices, and disclosures that have been separately provided to you and in accordance with our policy disclosed at our Website.
 

II. Fees

A. THE SERVICE. There are no monthly or transaction fees for accessing the Online Financial Services through the Service. Fees separately disclosed to you in connection with an Eligible Account or Online Financial Service apply when using the Service. Other fees may be assessed and billed separately by your Internet and/or telephone service provider.
 
B. PAYMENT ACCOUNT. You are required to designate a deposit account at Century Bank from which fees for Online Financial Services will be debited (your "Payment Account"). You authorize us to charge your Payment Account for the fees. If you close your current Payment Account, you must notify us and designate a new deposit account that will be your Payment Account. Additionally, if you close all your Eligible Accounts, you must notify Century Bank to cancel your Online Financial Services.
 
C. TELEPHONE CHARGES. You will be responsible for any telephone charges that you incur by using the Service.
 
D. MISCELLANEOUS FEES AND CHARGES. The fees that have been separately disclosed to you in connection with your Eligible Account(s) will continue to apply to those account(s) and to your Online Financial Services, except as noted below.
 
E. ONLINE BANKING FEES AND CHARGES.
 
PERSONAL ONLINE BANKING FEES AND CHARGES. There is no charge for online access, which includes balance information, transaction review and reporting, transfers between Century Bank accounts, and the ability to download into software programs (Quicken, Microsoft Money, or a comma-delimited spreadsheet). There is no charge for bill pay. You may be charged NSF fees when Check Payments clear and you do not have sufficient funds to cover the payment.
 
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