Legal

Personal Online & Mobile Agreement

Personal Online & Mobile Banking Agreement / Terms & Conditions

DISCLOSURE REQUIRED BY FEDERAL LAW
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Electronic Records (E-Sign) Disclosure / Consent and Service Agreement

Please read this Electronic Records (E-Sign)Disclosure and Consent (“Disclosure”) and associated Service Agreement carefully and keep a copy for your records.

This document consists of (1) a required disclosure and (2) a service agreement. By choosing “I agree”, you are first providing your affirmative consent to receive certain required disclosures electronically, and you are also then agreeing to be bound by the service agreement that follows, all as further described below.

ESIGN
ACCEPTANCE

Welcome to RADIUS BANK’S Online Banking
Services (the “Services”). As part of the enrollment process and in order to
use the Services, you must agree to the terms and conditions governing the use
of the Services (such terms and conditions being contained in the “Radius Bank Online Banking Services Agreement” which follows this Disclosure). To enroll in
the Services, you must consent to receive all disclosures (“Materials”)
relating to your account electronically either by email or by notification that
disclosures are available on a website maintained by Radius Bank.. We will need
your consent to provide you with these Materials electronically. Therefore,
please review the terms of this Electronic Records Disclosure and Consent (the
“Disclosure”) prior to giving your consent, and retain a copy of this
Disclosure for your records.

Materials You
Will Receive Electronically
.
By providing your consent under this Disclosure, you agree that RADIUS BANK
(the “Bank”) will provide you with the following documents and information
(collectively, the “Materials”) solely in electronic form:

Your Consent is
Required
. You must
consent to receiving these Materials before we can provide them to you
electronically. Your consent will apply to your enrollment in the Services and
any Materials we provide or make available to you.  Agreeing to accept disclosure electronically
means that once the Bank presents them to you, and if necessary, you click to
accept them, they will apply to you and your accounts.

Paper Copy of
Materials.
If you do not
want to receive the Materials electronically, you should exit this area of our
website. If you do not consent to receiving an electronic copy of the
Materials, we will not be able to enroll you in the Services. If you consent to
receive the Materials electronically, you can also request a paper copy of the
Materials by contacting our Customer Service department by phone at
1-800-242-0272. We will not charge you any fees for providing a paper copy of
the Materials.

Withdrawing Your
Consent.
If you later
decide you do not want to receive the Materials electronically, you may
withdraw your consent by contacting our Customer Service department by phone at
the number listed above. If you withdraw your consent, however, you may no
longer use the Services.

Updating Your
Contact Information.
If you consent
to receive the Materials electronically, we may contact you at the email
address you have provided to us. Please be certain that we have your correct
and updated email address. If you change your email address, you may provide
your new email address to us by contacting our Customer Service department by
phone at the number listed above.

System
Requirements to Access the Information.
To receive an electronic copy of the Materials, which will be provided to you
in HTML format, you must have the following equipment and software:

Systems
Enhancements
. If the form of
the Materials changes to as to require different or additional hardware or
software, or upgrades, plug-ins or enhancements to the hardware or software
used by you (all such changes referred to as a “Systems Enhancement”), we will
notify you and you may either terminate the Service or upgrade your hardware
and/or software as required by the Systems Enhancement. If the Bank determines
that the need for a Systems Enhancement creates a material risk that you may
not be able to access or retain the Materials electronically, the Bank will
notify you and allow you to either: (a) withdraw your consent to the Service or
(b) re-confirm your consent to receive the Materials in a manner that
reasonably demonstrates that you have upgraded your hardware or software to
conform to the required Systems Enhancement. If you choose to withdraw your
consent, or you fail to re-confirm your consent, the Bank will terminate the
Service.

Consent. By selecting “I agree” below, you
are first giving your affirmative consent to our providing electronic Materials
to you as described in this Disclosure, and then to the terms and conditions
applicable to your use of the Online Banking Services, as further described
below in the Bank’s Online Banking Services Agreement. You further agree that
your computer satisfies the hardware and software requirements specified above
and that you have provided us with a current email address to which we may send
electronic Materials to you.

Radius Bank Online Banking Services Agreement

INTRODUCTION

This Online Banking Services Agreement
(“Agreement”) is between you (a natural person that uses the Service for
personal, family or household purposes) and Radius Bank. This Agreement governs
your use of Radius Bank’s online banking services (the “Service” or “Online
Banking”), as well as any transactions that you may initiate with and/or
request from Radius Bank through the Service (“Online Transactions”). The
Service permits you to perform a number of banking functions involving your
Accounts that are linked to the Service through the use of a personal computer
or a mobile Internet-enabled access device. You agree to be bound to the terms
and conditions pertaining to Online Banking and the specific terms and
conditions applicable to any other associated services that you elect to use as
set out below, including the Bill Payment Service and eStatements Service.

Certain important terms applicable to all
services of Online Banking, unless otherwise defined in this Agreement, are set
out in the Definitions section in Part VI – DEFINITIONS at the end of this
Agreement.

This Agreement does not cover transfers you
may make through the branch, a telephonic individual voice response system
(IVR) or through an automated teller machine (ATM). Radius Bank is providing
you with this Agreement in accordance with, and it is subject to, Applicable
Law. Please read this document carefully, as it discusses in detail your rights
and responsibilities when enrolling in the Service and when conducting Online
Transactions through the Service.

By proceeding to
use the Service, you acknowledge that you have read, understood, and agree to
be bound by this Agreement and the terms and conditions associated with your
use of the Service, including any Online Transactions you initiate through the
Service.

We recommend that you print or store a copy of
this Agreement and keep it with your records. You may also view this Agreement,
at any time, at the disclosure page on our website at www.radiusbank.com.

PART I: Online Banking Service Features

This portion of the Agreement describes the
general features, terms and conditions of Online Banking applicable to
Consumers, except as may otherwise be expressly indicated.

WHO IS ELIGIBLE

You are eligible to use Online Banking if you
maintain an open Account (checking, savings, certificate of deposit and/or consumer
loan) and have executed this Agreement, and if we have otherwise approved your
use of the Service, as described further below.

ACCESS

To use Online Banking, you must have a
Computer or a mobile Internet-enabled access device (hereinafter referred to as
a “Mobile Device”). You must also have access to the Internet and an email
address. To register for the Service, you must complete an enrollment and/or
other set-up process and associated form(s) and be approved by us in our sole
and exclusive discretion. Your enrollment in Online Banking will, subject to
other terms of this Agreement, enable you to use all features of the Service,
and access those Accounts that you have designated through and that are
eligible for access with Online Banking. You can also request to add or remove
an Account by submitting a secure message through Online Banking.

Subject to Applicable Law, and at our sole
discretion, we reserve the right to modify, suspend, or terminate access to the
Service at any time without notice or refund of previously incurred fees. You
authorize us, at our election and as permitted by Applicable Law, directly or
through an agent, to obtain your credit report in connection with your request
for use of Online Banking and, in our sole discretion, thereafter from time to
time, in connection with your use of the Service. We may limit your access to
the Service or the dollar amount and/or frequency of your transfers and
payments based on your credit report and/or review of other risk factors.

HOURS OF ACCESS

Online Banking is generally available seven
(7) days a week, twenty-four (24) hours a day. Some or all features of Online
Banking may not be available from time to time due to problems arising in
connection with transmissions over the Internet, as well as emergency or
scheduled system maintenance. We will post a notice of any extended periods of
non-availability on the Online Banking site.

BASIC FEATURES OF
THE SERVICE

By enrolling in Online Banking, you will have
access to the Service’s basic features, which allow you to:

    1. View current balance and transaction
      information on your Account(s);
    1. View Account history;
    1. Perform Internal Transfers between
      certain Account(s) you have with us on either a one-time or recurring basis;
    1. Perform certain External Transfers between
      your Account(s) with us and accounts at other financial institutions on either
      a one-time or recurring basis;
    1. Stop payment of checks you have
      written;
    1. Download and/or export Account history
      information for use with other systems such as Quicken® and QuickBooks®;
    1. View check images;
    1. Perform self-service Account
      maintenance such as re-ordering checks, ordering copies of paid checks,
      requesting copies of monthly checking or saving statements, and changing
      address and phone information,
    1. Set-up Account alerts;
    1. Receive electronic Account statements;
    1. Send secure messages to us regarding
      the Service;
    1. Pay bills using the Bill Payment
      Service;
    1. Use your Mobile Device to perform
      certain Mobile Banking Service functions;
    1. Use your Mobile Device to perform
      certain Mobile Remote Deposit Capture Service; and
  1. Some of the above features may not be
    available for certain Accounts or customers. Additional information regarding
    some but not necessarily all of the above features is provided below.

Additional electronic banking services may be
added by us from time to time in our sole discretion. By using these additional
services when they become available, you agree to be bound by the terms and
conditions associated with such services, as such terms and conditions are provided
to you by us.

The use of certain features or modules related
to the Service may incur fees or other charges. See our Fee Schedule for
further information.

LIMITS ON AMOUNTS AND FREQUENCY OF ONLINE
BANKING AND MOBILE BANKING TRANSACTIONS

The number of transfers from Accounts and the
amounts which may be transferred via Online Banking, including via the Mobile
Banking Service, are limited pursuant to the terms of the applicable Deposit
Account Agreement and as otherwise described in this Agreement or in other
communications we may provide to you. You understand that those limits include
federal restrictions on the number of Internet (via Computer or Mobile Device)
transfers from savings Deposit Accounts (including money market Accounts)
processed in a statement cycle. For a more detailed description of the limits
on such Internet transfers, please refer to the applicable Deposit Account
Agreement.

INTERNAL TRANSFERS OF INTERNAL TRANSFERS

Internal Transfers (transfers between your
eligible Accounts with us) may be processed as follows:

One-Time Transfers.

    1. One-time transfers and payments are
      used for transfers and payments between eligible Accounts which occur on an
      infrequent or irregular basis, or which vary in amount. To have a transfer
      processed on the same Business Day, we must receive your instructions before
      the established funds transfer cut-off time displayed in Online Banking and/or
      as otherwise set forth in this Agreement. You must have sufficient Available
      Funds (either in the Account or via an overdraft line of credit) on the day and
      at the time you request a same-day one-time transfer. Same-day one-time
      transfers may not be cancelled for any reason once the transaction has been
      approved by us.
    1. You may also request that a transfer
      be made on a future date that you may designate which is in advance of the
      Scheduled Initiation Date. The “Scheduled Initiation Date” will be the
      effective date you enter, or the next Business Day should the effective date
      fall on a weekend or holiday. If you request a transfer for a future date, we
      process the transaction at the opening of business on that day only if it is a
      Business Day; otherwise, the transaction will be processed on the following
      Business Day. If we receive your instruction after the end of a Business Day,
      we will process the transaction on our next Business Day.
  1. If you designate an Internal Transfer
    for a future date, you must have sufficient Available Funds by midnight of the
    night before the Scheduled Initiation Date; however, funds will be deducted
    from your designated Account on the Scheduled Initiation Date. Scheduled future
    Internal Transfers may be cancelled up to the established funds transfer
    cut-off time displayed in Online Banking in advance of the Scheduled Initiation
    Date.

Recurring Transfers. If you designate an Internal Transfer as a
recurring transfer, you may request, and we will use, a Scheduled Initiation
Date that re-occurs on a specified regular basis (e.g., weekly, semi-monthly,
monthly, etc). You will designate a “start date”. You must have sufficient
Available Funds by midnight of the night before the Scheduled Initiation Date;
however, funds will be deducted from your designated Account on the Scheduled
Initiation Date. Recurring transfers may be cancelled up the established funds
transfer cut-off time displayed in Online Banking in advance of the Scheduled
Initiation Date.

Limits on Internal Transfers. In addition to the Available Funds
requirements and other limits described above and in this Agreement generally,
please see the applicable Deposit Account Agreement for a more detailed
description of limits on Internal Transfers.

    1. Internal
      Transfers Set-Up

      Account
      Designation. You will
      designate Accounts between which you may transfer funds electronically through
      Online Banking. All of these Accounts must be in your name (as owner or
      co-owner) and be eligible for Internal Transfers. Eligible Accounts for
      Internal Transfers include checking, money market, savings and loan accounts.

      Funds
      Availability. Although you
      receive immediate provisional credit upon completion of an Online Banking
      session for same-day one-time transfers made during the session, you must make
      Internal Transfers by the established funds transfer cut-off time displayed in
      Online Banking for those funds to be posted on an Account on the same Business
      Day and to be available for non-Online Banking Service transactions. Internal
      Transfers designated as same-day one-time transfers made after the established
      funds transfer cut-off time displayed in Online Banking on a Business Day or on
      a weekend or holiday will be available for the payment of non-Online Banking
      Service transactions on the following Business Day.

    1. Canceling or
      Modifying Internal Transfers

      In
      order to cancel or change a scheduled transaction that is a future-dated or a
      recurring Internal Transfer, you may use Online Banking or the Mobile Banking
      Service and follow the instructions provided to you, all in accordance with the
      Service’s deadlines for cancellation or modification as described therein.

  1. Internal
    Transfers and Available Funds

    You
    agree to have Available Funds on deposit in the Account you have designated in
    amounts sufficient to pay for all Internal Transfers requested, as well as any
    other payment obligations you have to us. If Internal Transfers process against
    any uncollected deposit, uncollected balance or otherwise insufficient
    Available Funds in your Account, YOUR ACCOUNT WILL BE ASSESSED AND CHARGED THE
    APPROPRIATE OVERDRAFT, UNCOLLECTED OR RETURNED ITEM INSUFFICIENT CHARGE. See
    our current Fee Schedule for the current amounts of these charges. We reserve
    the right, without liability, to reject or reverse an Internal Transfer, as
    applicable, if you fail to comply with this requirement or any other terms of
    this Agreement.

    If
    you do not have sufficient Available Funds in your designated Account and we
    have not exercised our right to reverse or reject an Internal Transfer, as
    applicable, you agree to pay for such payment obligations on demand. You
    further agree that we may, at our option, charge any of your Accounts with us to
    cover such payment obligations.

EXTERNAL TRANSFERS

    1. Registration and
      Access

      You
      must be enrolled in Online Banking in order to transfer funds between your
      Accounts with us and accounts at other financial institutions (“External
      Transfers”). External Transfers are outbound and inbound transfers that move
      funds to or from one of your eligible Accounts with us to or from a registered
      account at another financial institution. An “Inbound” transfer moves funds
      into an Account you own with Radius Bank from an account you own outside of
      Radius Bank. An “Outbound” transfer moves funds from an Account you own at
      Radius Bank to an account outside Radius Bank that is owned by you or for which
      you otherwise have the authority to transfer funds. You will need to register
      each non-Bank account that you wish to use for External Transfers.

      You
      agree that (i) you will only register eligible non-Bank accounts (i.e.,
      accounts at financial institutions other than Radius Bank) on which you are an
      individual or joint owner, or for which you otherwise have the authority to
      transfer funds, and (ii) you will only use External Transfers for transferring
      funds between your consumer Accounts with us and registered consumer accounts
      at other financial institutions.

    1. Scheduling External
      Transfers

      External
      Transfers can be scheduled (or initiated) on either a one-time basis or a
      recurring basis. One-time transfers may be scheduled to be sent immediately or
      scheduled to be sent on a future date. The recurring transfer feature may be used
      when a set amount is transferred at regular intervals. One-time future-dated or
      future recurring transfers scheduled for a weekend or a non-Business Day will
      be processed on the next Business Day. All other one-time future-dated and
      recurring transfers will be processed at the end of the Business Day requested.
      The cut-off time and delivery date of External Transfers is set forth in Online
      Banking and/or in this Agreement.

    1. When Transfers
      are Debited/Credited to/from Your Account(s)

      Transfers
      Initiated Before Cut-Off Time:
      Funds involving an External Transfer from your Account with us (Outbound) will
      be debited from your Account and credited to the receiving non-Radius Bank
      account on the next Business Day after you initiate the transfer. Funds
      involving Inbound transfers will be debited from the external, non-Radius Bank
      account and credited to the receiving Radius Bank Account on the next Business
      Day after you initiate the transfer. Funds credited to the receiving Radius
      Bank account will not be available for use until the 2 business day following
      the day of credit. For accounts that are less than 30 days old, the funds
      credited to the receiving Radius Bank account will not be available until the
      5th business day following the day of credit.

      Transfers
      Initiated After Cut-Off Time:
      Funds involving an External Transfer from your Account with Bank (Outbound)
      will be debited from your Account and credited to the receiving external,
      non-Radius Bank account on the second Business Day after you initiate the transfer.
      Funds involving Inbound transfers will be debited from the external, non-Radius
      Bank account and credited to the receiving Radius Bank Account on the second
      Business Day after you initiate the transfer. The funds credited to the
      receiving Radius Bank account will not be available for use until the 2
      business day following the day of credit. For accounts that are less than 30
      days old, the funds credited to the receiving Radius Bank account will not be
      available until the 5th business day following the day of credit.

    1. Canceling
      Scheduled Transfers

      Future-dated
      External Transfers (either one-time or recurring) can be cancelled prior to the
      cut-off time set forth in Online Banking on the Business Day prior to the date
      the transfer is scheduled to be made. However, if the transfer’s status is processing,
      you can no longer cancel it. NOTE: Immediate transfers cannot be cancelled via
      the Service once the transfer has been processed.

    1. Transfer Fees

      You may be charged an External
      Transfer fee in accordance with our Fee Schedule.

    1. Limitations on
      Transfers

      In
      addition to the limits described in the applicable Deposit Account Agreement,
      External Transfers are subject to daily and aggregate total limits which may
      change at any time, without prior notice (other than any notice required by
      applicable law).

    1. Disqualifying
      Events

      You
      agree that we may reduce the dollar limits on transfers as described in
      subsection (F) above, or terminate your eligibility to make future transfers
      (including canceling scheduled future transfers), in each case without prior
      notice (other than any notice required by Applicable Law), upon occurrence of a
      Disqualifying Event. Each of the following is a “Disqualifying
      Event”:

        1. Any of your
          Accounts with us are not current or are not in good standing.
        1. You have had an
          overdraft, an over-limit item, or an item returned for insufficient funds with
          respect to any Account with us during the current or three (3) prior calendar
          months.
        1. You have had any
          prior External Transfer involving accounts at other financial institutions
          cancelled, revoked, or not completed due to insufficient funds, revoked
          authorization, stopped payments, frozen accounts, or any similar reason.
        1. You attempt to
          use External Transfers to transfer funds between your eligible consumer
          Accounts with certain non – consumer accounts at other financial institutions,
          or to transfer funds between your eligible business Accounts with certain non –
          business accounts at other financial institutions.
      1. We suspect fraud
        or unauthorized use has or may occur with respect to your Account(s) with us or
        with respect to any External Transfer(s).
  1. External
    Transfers and Available Funds

    You
    agree to have Available Funds on deposit in the Account you have designated in
    amounts sufficient to pay for all External Transfers requested, as well as any
    other payment obligations you have to us. If External Transfers process against
    any uncollected deposit, uncollected balance or otherwise insufficient
    Available Funds in your Account, YOUR ACCOUNT WILL BE ASSESSED AND CHARGED THE
    APPROPRIATE OVERDRAFT, UNCOLLECTED OR RETURNED ITEM INSUFFICIENT CHARGES. See
    our current Fee Schedule for the current amounts of these charges.

BILL PAYMENT
SERVICE

Once enrolled in Online Banking, you may use
our Bill Payment Service to direct us and/or our Service Provider to make
payments from the Funding Account to the Payees that you choose in accordance
with this Agreement.

    1. Service Fees

      Radius Bank offers the option to make expedited payments to certain
      payees.  Please contact Customer Service
      or access the Bill Payment platform to see applicable charges.

    1. Setting Up and Maintaining Payees

      To begin using the Bill Payment Service, you will first need to
      establish at least one Payee in your Payee List. You may add, modify or delete
      Payees as necessary. It is your responsibility to manage your Payee List and
      maintain accurate Payee information, such as but not limited to the address to
      which the Payee specifies Payments are to be delivered, your account number
      with the Payee, the name on your account with the Payee, etc, except where the
      Bill Payment Service expressly indicates that it shall manage such Payee
      information, such as a Merchant’s remittance address. Payees must reside or
      exist within the United States of America or its territories or commonwealths.
      The Service Provider and/or we reserve the right to refuse or remove a Payee
      for any reason

    1. The Bill Paying Process

      Single Payments – A single payment will be processed on
      the business day (generally Monday through Friday, except certain holidays)
      that you designate as the payment’s processing date, provided the payment is
      submitted prior to the daily cut-off time on that date.  The daily cut-off time, which is controlled
      by the Financial Institution, is currently 2 pm Eastern Time.

      A single payment submitted
      after the cut-off time on the designated process date will be processed on the
      next business day.  If you designate a
      non-business date (generally weekends and certain holidays) as the payment’s
      processing date, the payment will be processed on the first business day
      following the designated processing date.

      Recurring Payments – When a recurring payment is processed,
      it is automatically rescheduled by the system.
      Based upon your selected frequency settings for the payment, a
      processing date is calculated for the next occurrence of the payment.  If the calculated processing date is a
      non-business date (generally weekends and certain holidays), it is adjusted
      based upon the following rules:

      If the recurring payment’s “Pay Before” option
      is selected, the processing date for the new occurrence of the payment is
      adjusted to the first business date prior to the calculated processing date.

      If the recurring payment’s “Pay After” option
      is selected, the processing date for the new occurrence of the payment is
      adjusted to the first business date after the calculated processing date.

      Note: If your frequency settings for the
      recurring payment specify the 29th, 30th, or 31st as a particular day of the month for
      processing and that day does not exist in the month of the calculated
      processing date, then the last calendar day of that month is used as the
      calculated processing date.

    1. Single and Recurring Payments

      The system will calculate the
      Estimated Arrival Date of your payment. This is only an estimate, so please
      allow ample time for your payments to reach your “Payees”.

    1. Cancelling a Payment

      A bill payment can be changed
      or cancelled any time prior to the cutoff time on the scheduled processing
      date.

    1. Available Funds

      For payments which will be
      processed by ACH, the funding account must have sufficient funds on the
      business day prior to the due date of the payment.  If a bill payment is processed against any
      uncollected deposit, uncollected balance, or otherwise insufficient funds, the
      payment will be cancelled, and your account will be assessed and charged the
      appropriate overdraft, uncollected, or returned item charges.

    1. Liability

      You will be responsible for any bill payment request you make that
      contains an error or is a duplicate of another bill payment.

      Radius Bank is not responsible for a bill payment that is not made
      if you did not properly follow the instructions for making a bill payment.

      Radius Bank is not
      liable for any failure to make a bill payment if you fail to promptly notify us after you learn that you have not received credit from a “Payee”
      for a bill payment.

      Radius Bank is not
      responsible for your acts or omissions or those of any other person, including,
      without limitation, any transmission or communications facility, and no such
      party shall be deemed to be our agent.

    1. Amendment

      Radius Bank has the right to
      change this agreement at any time by notice delivered to you electronically by
      email or by notification that the disclosures have been made available on a
      website maintained by Radius Bank, or as otherwise permitted by law.

    1. Termination

      Radius Bank has the
      right to terminate this agreement at any time.

      You may terminate this agreement by written notice to the Radius
      Bank

      We are not responsible
      for any fixed payment made before we have a reasonable opportunity to act on your termination notice.

      You remain obligated for any payments made by Radius
      Bank on your behalf.

    1. Service Guarantee

      The
      Service Provider will bear responsibility for any late-payment-related charges
      up to $ 50.00 should a Payment post after the Scheduled Payment Due Date or
      Deliver By Date, provided that the Payment was scheduled and the Payee
      information was maintained in accordance with the terms and conditions
      described within this section. Notwithstanding the foregoing, the Service
      Provider shall not be responsible for any such charges if the Service Provider
      does not have responsibility or liability for a Payment transaction, late
      payments or late payment related charges under the other provisions of this
      section, including those payments described under the Exception Payments
      sub-section below.

    1. Transaction Responsibilities

      The
      Service Provider shall use commercially reasonable efforts to process the
      Scheduled Payments in accordance with your instructions. Except where
      Applicable Law requires or provides otherwise, neither we nor the Service
      Provider shall be liable for any Payment transaction if: (i) you do not have
      enough money in the Funding Account to complete the transaction; (ii) a legal
      order prohibits withdrawals from your Account; (iii) the Funding Account is
      closed, has been frozen, or is otherwise not authorized to debit the
      corresponding Payment Amount; (iv) the transaction would cause your Account
      balance to go over the credit limit for any credit arrangement set up to cover
      overdrafts; (v) you, or anyone you allow, commit fraud or violate any law or
      regulation in connection with the Bill Payment Service; (vi) any electronic
      terminal, telecommunication device or part of the electronic fund transfer
      system is not working properly; (vii) you did not provide complete and correct
      Funding Account, Payment or Payee information; (viii) you did not properly
      follow the instructions or terms and conditions for use of the Bill Payment
      Service; (ix) you knew and/or had been advised that the Bill Payment Service
      was not operating properly at the time you scheduled the Payment; (x) there is
      a postal delay; or (xi) circumstances beyond the Service Provider’s control
      (such as fire, flood or improper transmission or handling by a third party)
      that prevent, hinder or delay the transaction.

      With
      the exception of the foregoing, if the Bill Payment Service incorrectly debits
      your Funding Account and/or directs funds from the Funding Account to a Payee
      inconsistent with the instructions you specified in the Scheduled Payment, the
      Bill Payment Service shall, upon detecting the error or receiving notice from
      you, be responsible for returning the improperly transferred funds to your
      Funding Account and/or redirecting funds to the proper Payee and/or contacting
      the Payee to request appropriate adjustments on your account with the Payee,
      except as otherwise provided under the Authorization sub-section below.

    1. Your Responsibilities

      You
      will be responsible for any Payment request you make that contains an error or
      is a duplicate of another Payment. Neither we nor the Service Provider is
      responsible for a Payment that is not made if you did not properly follow the
      instructions for making a Payment. Neither we nor the Service Provider is
      liable for any failure to make a Payment if you fail to promptly notify us
      after you learn that you have not received credit from a Payee for a Payment.
      Neither we nor the Service Provider is responsible for your acts or omissions
      or those of any other person, including any Payee or transmission or
      communications facility, and no such party shall be deemed to be our and/or the
      Service Provider’s agent. In no event will we and/or the Service Provider be
      liable for any special, consequential, incidental, or punitive losses, damages,
      or expenses in connection with the Bill Payment Service, even if we and/or the
      Service Provider have knowledge of the possibility of them. Neither we nor the
      Service Provider is liable for any act, failure to act or delay in acting with
      respect to the Bill Payment Service if it is caused, in whole or in part, by
      any cause beyond our and/or the Service Provider’s reasonable control.

    1. Editing or Canceling Payments

      Any
      Payment can be modified or cancelled, provided you access the Bill Payment
      Service prior to the Cut-Off Time on the Business Day that a Payment is going
      to be processed. Once a Payment is in-process, it cannot be cancelled through
      the Bill Payment Service. Instead, you must contact Customer Service to request
      a stop payment. A Recurring Payment may be edited or cancelled after processing
      for the then current Payment instance is complete.

    1. Stop Payment

      You
      may request to stop a Payment after a Payment has been processed by contacting
      us as set forth in the YOUR COMMUNICATIONS WITH RADIUS BANK section of this
      Part I of the Agreement. The Bill Payment Service’s ability to stop a Payment
      successfully depends on how the funds were remitted to the Payee and the
      elapsed time since the Payment was processed. The Service Provider and we will
      make commercially reasonable efforts to stop a Payment per your request but
      shall have no liability if unsuccessful. You may be charged a stop payment fee
      for each request.

    1. Exception Payments

      Tax
      Payments and court-ordered Payments through the Bill Payment Service are
      discouraged and must be scheduled at your own risk. In no event shall we or the
      Service Provider be liable for any claims or damages resulting from your scheduling
      these types of Payments. The Service Provider shall have no obligation to
      research or resolve any claim resulting from any such Payment. All research and
      resolution for any misapplied, mis-posted or misdirected Payments will be your
      sole responsibility.

    1. Bill Payment Process

      The
      Bill Payment Service will process Payments in accordance with the Payment
      instructions you provide. The Bill Payment Service will only process Payments
      on Business Days. The Bill Payment Service will debit your Funding Account or
      issue a draft against the Funding Account, and deliver those funds to the
      designated Payee on your behalf such that the funds arrive as close to the
      scheduled Due Date / Deliver By Date as is reasonably practicable.

      Numerous
      business and technical requirements determine if a Payee can accept Payments
      electronically, but in all cases, Payments can be remitted by check. The
      Service Provider shall have sole discretion to determine the appropriate
      remittance method. In order to process Payments efficiently and effectively, or
      otherwise comply with a Payee’s remittance requirements, the Bill Payment
      Service reserves the right to change or update Payee data, or alter the method
      of Payment remittance. Neither the Service Provider nor we shall be responsible
      for late Payments, nor to reimburse you for late fees, due to: (i) U.S. postal
      delivery issues; (ii) electronic remittance network issues; (iii) your Payee’s
      payment processing procedures; (iv) instances where the financial risk
      associated with the Payment requires check remittance instead of electronic
      remittance or additional Business Days to ensure sufficient funds in the
      Funding Account are available; or (v) other circumstances beyond Service Provider’s
      or our control.

    1. Returned Payments

      In
      using the Bill Payment Service, you understand that Payments may be returned by
      or to the Service Provider for various reasons including: the account or
      account number at the Payee is not valid, the Payee address is not valid, the
      Payee returns or rejects the remittance item, the account at the Payee has been
      paid in full or has been turned over to another company or individual. The Bill
      Payment Service shall use commercially reasonable efforts to research and correct
      the returned payment or void the payment and credit your Payment Account. You
      may receive notification of such occurrences from the Bill Payment Service.

    1. Termination by You

      You
      may terminate the Bill Payment Service by written notice to us, or by sending
      us a secure message via the Online Banking portal. Neither we nor the Service
      Provider is responsible for terminating any scheduled One-Time Payment nor
      Recurring Payment processed prior to a reasonable opportunity to act on your
      termination notice. Once your Bill Payment Service is terminated, all of your
      scheduled One-Time Payments and Recurring Payments shall be terminated as well.
      You remain obligated for all Payments made by the Bill Payment Service on your
      behalf under this section.

    1. Fees

      You
      agree to pay applicable fees related to the Bill Payment Service in accordance
      with any fee disclosed at the time of the related transaction or, if not
      specifically disclosed, in accordance with our Fee Schedule. In addition, we
      will assess charges in accordance with the Fee Schedule if you request one or
      more of the services listed here. There will be no charge for any item if
      needed to correct a Bill Payment Service error. Services for which such
      additional charges may be imposed include:

      • Check Copy Mailed
        or Faxed to Customer or Bank
      • Check Copy Mailed
        to Merchant
      • Stop Payment
      • Overnight Carrier
        Delivery Charge (Expedited Payment) per item (See Fee Disclosed within Bill
        Payment Service)
      • Research Fee for
        items over eight (8) months old

      We
      and/or the Service Provider reserve the right to charge you for research time
      involving Payments no longer available in your Payment history screen. You will
      be informed of any such charges before they are incurred.

    1. Account Security

      You are solely
      responsible for controlling the safekeeping of and access to your Login ID,
      password or other means to access the Account and the Bill Payment Service, as
      well as Online Banking. You agree not to give out or make available your Login
      ID, password, access code, authenticating image or other access tools as
      applicable and as necessary to access your Account to any unauthorized
      individuals. You are responsible for all Payment transactions authorized by you
      or by anyone to whom you provide access to your Bill Payment Service and
      Account. You are liable for all Payment transactions you make or that you
      authorize another person to make even if that person exceeds his or her
      authority.

    1. Electronic Mail
      (Email)

      Sending email is
      a permitted way to communicate with us and/or the Service Provider regarding
      the Bill Payment Service. However, your email is actually sent via your own
      software and, as a result, is not secure. Because of this, you should not
      include confidential information, such as Account numbers and balances, in any
      email communication. You cannot use email to initiate Bill Payment Service
      transactions. All such transactions must be initiated using the appropriate
      functions within the Bill Payment Service. Neither the Service Provider nor we
      shall be liable for any errors, omissions, claims, or problems of any kind
      involving your email. You should not rely on email if you need to communicate
      with us and/or Service Provider immediately (for example, if you need to report
      an unauthorized transaction from one of your Accounts). We and/or Service
      Provider will take action in response to an email request sent by you upon
      actual receipt of your message and once we and/or Service Provider have had a
      reasonable opportunity to act.

    1. Disclosure of
      Information

      It is our policy
      to treat your Bill Pay Service information as confidential. However, the
      Service Provider and/or we may disclose certain information about you, your
      Accounts and/or Payments to third parties where permitted by Applicable Law and
      in situations such as: when necessary to complete a Payment transaction per
      your instructions; when necessary to activate additional services per your
      request; in order to determine credit worthiness; in order to comply with
      government agency or court orders, financial services regulations or law; or if
      you give us or the Service Provider written permission.

      Information
      submitted to the Service Provider or its suppliers is the property of those
      parties, and they are free to use and disclose that information, or any ideas,
      concepts, know-how or techniques contained in that information to any third
      party for any purpose whatsoever, except as specifically agreed by us or
      prohibited by law.

  1. Account and
    Contact Information

    It is your sole
    responsibility to maintain accurate and complete contact information and
    Funding Account information in your user profile. This includes, but is not
    limited to, name, address, phone numbers and email addresses, and verifying
    account numbers. Changes can be made within the Bill Payment Service. Changes
    you make are typically effective immediately. Neither the Service Provider nor
    we shall be responsible for any payment processing errors or fees incurred if
    you do not provide accurate Funding Account or contact information.

FINANCIAL
MANAGEMENT (FM) SOFTWARE

Once enrolled in Online Banking, you may
supplement and/or enhance your use of the Service by use of a one-way
connection (“Web Connect”) from the Service to certain FM software
(e.g., Intuit’s QuickBooks and related products), which allows you to automatically
download Online Transactions and match them with existing transactions from
your financial management software. Access to Account information through FM
software must be done using an active User ID, password and any other access
devices or other secure method as may be required. If you choose to use FM
software, you must purchase this software from the software manufacturer, or a
retailer of your choice. Your use of the FM software is governed by the
software license agreement(s) included with each software application. You must
agree to the terms and conditions of the software license agreement(s) during
the installation of the FM software on your Computer. You are responsible for
the correct set-up and installation of the FM software, as well as maintenance,
updates and upgrades to the FM software and/or your Computer. We make no
warranties nor accept any liability for such software. We are not responsible
for any problems related to the FM software itself, your Computer or your
ability to connect using the FM software as described in this Agreement. You
are responsible for all Online Transactions that you authorize using FM
software. If you permit others to access the Service using FM software, you are
responsible for all Online Transactions they initiate. You must establish your
own internal security procedures for persons that you may authorize to use the
Service via FM software and to prevent unauthorized use by other persons. You
should verify all Account data obtained and Online Transactions executed on
your Accounts using FM software. Our records of Online Transactions,
instructions and communications regarding your Accounts and use of the Service
supersedes any records stored or created on your Computer equipment through the
use of FM software. You are responsible for any and all obligations to any
software vendor arising from your use of that vendor’s FM software.

ELECTRONIC
STATEMENTS (“ESTATEMENTS”) SERVICE

This section describes the terms and
conditions applicable to our eStatements Service. Once enrolled in Online
Banking, you may use this Service to view your current Account statements for
your Deposit Accounts on a secure website.

    1. Consent and
      Authorization for Electronic Transmission of Account Statements

      You understand
      that pursuant to your Account Agreement(s) with us, you may be entitled to
      receive periodic Account statements in connection with your Accounts, such as
      checking Deposit Account statements (“Account Statements”). We may deliver
      these Account Statements to you by paper or electronically, in accordance with
      Applicable Law. If you opt to receive Account Statements electronically, then
      we may elect to discontinue sending you paper Account Statements.. Any changes
      you make may not take effect until after the end of the current Account
      Statement cycle, and notwithstanding your election to receive electronic
      Account Statements, we may continue to send you paper Account Statements.

    1. Authorization

      As a condition of
      using eStatements, you represent to us and further agree that if the Account
      used to access eStatements is a joint Account, you are an owner or holder of
      the joint Account and your election to use eStatements for the Account has been
      authorized by each of the joint accountholders. All joint accountholders on the
      Account are legally bound by these terms and conditions.

    1. Termination of
      eStatements

      Your election to
      receive subsequent Account Statements electronically is voluntary and may be
      terminated at any time. Subject to our confirmation of your request, such
      termination shall become effective no later than fifteen (15) calendar days
      after receipt by us. Upon termination, you will no longer have access to your
      Account Statements online and you will receive all Account Statements in paper
      form via postal mail service, subject to any fee as set forth in the Fee
      Schedule.

    1. Valid Email
      Address Required

      You must maintain
      a valid, active email address to use eStatements. You must promptly notify us
      of any change in your email or postal address by contacting us through “Secure
      Messaging” within Online Banking.We are not liable for any third party-incurred
      fees, other legal liability, or any other issues or liabilities arising from
      eStatements or notifications sent to an invalid or inactive email address or
      postal address that you provided.

    1. Paper Statements

      You may also
      request a paper copy of any periodic regular Account Statement. A fee may be
      charged for any such paper copies in accordance with the Fee Schedule.

  1. eStatement
    Changes

    As further set
    forth in this Agreement, you acknowledge and agree that we reserve the right to
    change the terms and conditions of this section as it pertains to eStatements
    at any time. We will notify you in accordance with this Agreement. Accessing
    your eStatements after you receive any notice of change will constitute your
    acceptance and agreement to each such change. We reserve the right to
    discontinue the eStatements Service at any time.

MOBLE BANKING SERVICE

    1. Enrolling in the
      Mobile Banking Service

      Once you have
      enrolled in Online Banking, you may use our Mobile Banking Service to access
      financial services and products and the functions now, or in the future, made
      available by us, using a Mobile Device. Not all Accounts are available through
      the Mobile Banking Service, and not all features of the Mobile Banking Service
      may be available. To use the Mobile Banking Service, you must: (a) have a
      Mobile Device, which may be a mobile phone, tablet or other equipment with the
      mobile carrier, operating system, data plan, software and hardware supported by
      us now or in the future, and (b) register while logged in to your subscription
      to Online Banking. Although the Mobile Banking Service is phone device
      agnostic, the enrollment process may require you to provide information about
      the Mobile Device that you will generally use for the Mobile Banking Service,
      as well as the telephone number for your Mobile Device, the telecommunications
      carrier that provides service to your Mobile Device, and your email address..
      Enrollment requires identification of the user’s banking relationship as well
      as providing a mobile phone number. Once you register your Mobile Device and
      your enrollment is otherwise complete, you can start using the Mobile Banking
      Service. If you use a handheld mobile device other than your Mobile Device to
      access the Mobile Banking Service, all SMS text messages originating from the
      Mobile Banking Service will be sent to the Mobile Device you entered when
      registering for the Mobile Banking Service.
      It is your responsibility to provide us with accurate, complete and current
      information about you and your Mobile Device (including its telephone number,
      the telecommunications carrier, and your email address), and to notify us
      immediately if any of this information changes or if service to your Mobile
      Device is terminated
      . We reserve the right to refuse or cancel your
      registration for the Mobile Banking Service if we cannot verify information
      about you and/or your Mobile Device.

    1. Mobile Banking
      Service Formats

      As further
      described below, the Mobile Banking Service permits you to use a Mobile Device
      to perform certain transactions associated with your eligible Accounts with us
      (hereinafter, each a “Mobile Banking Account”). The Mobile Banking Service may
      be provided in one or more formats or mechanisms, including without limitation,
      as well as via the mobile web or the downloadable application (further
      described below and hereinafter referred to as “Mobile Banking”). Not all
      methods will be available on all Mobile Devices. If you use the Mobile Banking
      Service in the form of SMS messages, you are solely responsible for the content
      of and the mis-delivery of any SMS text messages. You agree to provide accurate
      source indication (i.e. the Mobile Device’s mobile phone number for SMS
      messages) of any SMS messages sent by you. YOU ACKNOWLEDGE THAT THESE MESSAGES
      MAY INCLUDE INFORMATION THAT IS CONSIDERED CONFIDENTIAL UNDER FEDERAL AND STATE
      LAW, AND SOMEONE WHO HAS ACCESS TO YOUR SMS HISTORY OR EMAIL ACCOUNT MAY BE
      ABLE TO VIEW THE CONTENT.

    1. Mobile Banking
      Service Transactions

      You may use the
      Mobile Banking Service to initiate the following types of transactions to or
      from your Mobile Banking Accounts through your Mobile Device (each, a “Mobile
      Banking Transaction”):

        1. View Limited
          Transaction History : To view
          balances and recent transactions, as well as search for recent transactions
          (e.g., by date, amount and check number) for your Mobile Banking Accounts.
        1. Make One-Time
          Same-Day or Future-Dated Internal Transfers Between Your Mobile Banking
          Accounts : To make
          immediate or future-dated, one-time Internal Transfers of funds between your
          Mobile Banking Accounts, as further described in and in accordance with the
          INTERNAL TRANSFERS section of this Agreement. For security reasons, we may
          limit the frequency and dollar amount of Internal Transfers made via the Mobile
          Banking Service, as further described in the INTERNAL TRANSFERS section of this
          Agreement. You may make recurring Internal Transfers via the Mobile Banking
          Service.
        1. Make One-Time
          Same-Day or Future-Dated External Transfers Involving Your Mobile Banking
          Accounts: To make
          immediate or future-dated, one-time External Transfers of funds involving your
          Mobile Banking Accounts, as further described in and in accordance with the
          EXTERNAL TRANSFERS section of this Agreement. For security reasons, we may
          limit the frequency and dollar amount of Internal Transfers made via the Mobile
          Banking Service, as further described in the EXTERNAL TRANSFERS section of this
          Agreement. You may make recurring External Transfers via the Mobile Banking
          Service.
        1. Cancel One-Time
          Future-Dated Internal Transfers or External Transfers : To cancel future-dated, one-time Internal
          Transfers or External Transfers involving your Mobile Banking Accounts, as
          further described in and in accordance with the INTERNAL TRANSFERS section and
          the EXTERNAL TRANSFERS section of this Agreement, respectively.
        1. Initiate Bill
          Payment Transactions : If you are
          enrolled in our Bill Payment Service, you may use the Mobile Banking Service to
          pay a bill from the Account that you have designated as your Funding Account
          under the terms of our Bill Payment Service as further described in and in
          accordance with the BILL PAYMENT SERVICE section of this Agreement. Each
          Payment that you initiate through your Mobile Device will be considered a
          “Mobile Bill Payment Transaction.” You may also use the Mobile Banking Service
          to view, edit and delete pending Mobile Bill Payment Transactions and Payments
          initiated through Online Banking. You must maintain your Funding Account in
          good standing with us in order to perform Mobile Bill Payment Transactions. If
          your Funding Account is closed for any reason, we will suspend or terminate
          your right to engage in Mobile Bill Payment Transactions. For security reasons,
          we may limit the frequency and dollar amount of Mobile Bill Payment
          Transactions from your Funding Account. You may initiate a Mobile Bill Payment
          Transaction to any new Payees that are not currently on your Payee list as
          established pursuant to our BILL PAYMENT SERVICE terms and conditions. You may
          establish (or delete or edit any pending) recurring Payments through the Mobile
          Banking Service.
        1. Receive and/or
          View Account and Security Alerts:
          Receive certain Account and security alerts via SMS text message, and/or view
          such alerts via Mobile Banking, as further described in the ALERTS section of
          this Agreement.
        1. Send Secure Messages
          to Us: Send secure
          messages to us regarding Online Banking or the Mobile Banking Service.
      1. Other Features : To find our ATMs and branch locations, and to
        “Get Help” for other questions and inquiries associated with Online Banking or
        the Mobile Banking Service.
    1. Limitations on
      Mobile Banking Transactions

        1. Regulatory Limits
          : Because regulations require us to limit certain types of transfers from your
          savings and money market Accounts, the limitations set forth in the LIMITS ON
          AMOUNTS AND FREQUENCY OF ONLINE BANKING AND MOBILE BANKING TRANSACTIONS section
          of this Agreement apply to the Mobile Banking Service
        1. Dollar and
          Frequency Limitations on Transfers and Transactions. In addition to regulatory
          limits, we reserve the right to limit the frequency and dollar amount of
          Internal Transfers, External Transfers and/or Mobile Bill Payment Transactions
          initiated via your Mobile Device for security reasons. Those limits are the
          same as and will be combined with those that apply to transactions initiated
          via Online Banking, as further described in and in accordance with the INTERNAL
          TRANSFERS section, EXTERNAL TRANSFERS section and BILL PAYMENT SERVICE section
          of this Agreement, respectively.
        1. You may make
          multiple transfers per day, subject to the limits set forth above and in the
          INTERNAL TRANSFERS section, EXTERNAL TRANSFERS section and BILL PAYMENT SERVICE
          section of this Agreement, respectively.
      1. Mobile Device
        Limitations. The Mobile Banking Service and some Mobile Banking Transactions
        may not be available on all types of Mobile Devices. You also understand and
        agree that the Mobile Banking Service may not be accessible or may have limited
        utility over some mobile networks, such as while roaming.
    1. Standard
      Messaging Service Charges

      Any fees and
      charges that may apply to the Mobile Banking Service will be set forth in our
      Fee Schedule and are separate and apart from any other charges that may be
      assessed by the provider of your mobile communication services
      (“Carrier”) for text messages sent to or from us. You understand that
      the standard data and text messaging rates charged by the Carrier providing
      service for your Mobile Device apply when you use your Mobile Device to enroll
      in and use the Mobile Banking Service.

  1. Your
    Responsibilities

    You represent and
    agree to the following by enrolling in or using the Mobile Banking Service:

      1. Account
        Ownership/Accurate Information.
        You represent that you are the legal owner of the Accounts and other financial
        information which may be accessed via the Mobile Banking Service. You represent
        and agree that all information you provide to us in connection with the Mobile
        Banking Service is accurate, current and complete, and that you have the right
        to provide such information to us for the purpose of using the Mobile Banking
        Service. You agree not to misrepresent your identity or your Account
        information. You agree to keep your Account information up to date and
        accurate.
      1. User Security. You agree to take every precaution to ensure
        the safety, security and integrity of your Account and transactions when using
        the Mobile Banking Service. You agree not to leave your Mobile Device
        unattended while logged into the Mobile Banking Service and to log off
        immediately at the completion of each access by you. You agree not to provide
        your Login ID, password or other access information to any unauthorized person.
        If you permit other persons to use your Mobile Device, login information, or
        other means to access the Mobile Banking Service, you are responsible for any
        transactions they authorize. We will not be liable for any damages resulting
        from your failure to follow the above precautions. You agree not to use any
        personally identifiable information when creating shortcuts to your Account. We
        make no representation that any content or use of the Mobile Banking Service is
        available for use in locations outside of the United States. Accessing the
        Mobile Banking Service from locations outside of the United States is at your
        own risk.
    1. User Conduct. You agree not to use the Mobile Banking
      Service or the content or information delivered through the Mobile Banking
      Service in any way that would: (a) infringe any third-party copyright, patent,
      trademark, trade secret or other proprietary rights or rights of privacy,
      including any rights in any software associated with the Mobile Banking
      Service; (b) be fraudulent or involve the sale of counterfeit or stolen items,
      including, but not limited to, use of the Mobile Banking Service to impersonate
      another person or entity; (c) violate any law, statute, ordinance or regulation
      (including, but not limited to, those governing export control, consumer
      protection, unfair competition, anti-discrimination or false advertising); (d)
      be false, misleading or inaccurate; (e) create liability for us or our
      affiliates or service providers, or cause us to lose (in whole or in part) the
      services of any of our service providers; (f) be defamatory, trade libelous,
      unlawfully threatening or unlawfully harassing; (g) potentially be perceived as
      illegal, offensive or objectionable; (h) interfere with or disrupt computer
      networks connected to the Mobile Banking Service; (i) interfere with or disrupt
      the use of the Mobile Banking Service by any other user; or (j) use the Mobile
      Banking Service in such a manner as to gain unauthorized entry or access to the
      computer systems of others.

OPTIONAL ACCOUNT ALERTS

The Service provides optional, voluntary
Account and security alerts associated with certain modules of Online Banking
and the Mobile Banking Service that must be activated by you. We may add new
alerts from time to time, or cancel old alerts. Each alert has different
options available, and you may select from among these options upon activation
of your alerts service. Voluntary alerts are subject to the following:

    1. Electronic alerts
      will be sent to the phone number(s), email address(es) or Mobile Device(s)
      identified by you via Online Banking or on enrollment and/or set-up form(s). If
      your phone number(s), email address(es) or Mobile Device(s) changes, you are
      responsible for updating that information via Online Banking, and such
      change(s) will apply to all of your alerts.
  1. You understand
    and agree that your alerts may be delayed or prevented by a variety of factors.
    We will use commercially reasonable efforts to provide alerts in a timely
    manner with accurate information. We neither guarantee the delivery nor the
    accuracy of the contents of any alert. You also agree that we shall not be
    liable for any delays, failure to deliver, or misdirected delivery of any
    alert; for any errors in the content of an alert; or for any actions taken or
    not taken by you or any third party in reliance of an alert. You agree that we
    are not responsible for any costs or fees incurred as a result of alerts
    directed by you.

Alerts are not encrypted. We will never
include your Login ID or password or full Account number(s). However, alerts
may include your name and some information about your Accounts, depending upon
your selection of specified alerts.

MOBILE REMOTE DEPOSIT CAPTURE SERVICE

    1. Service

      The Mobile Remote
      Deposit Capture Service (“Mobile Deposit”) is designed to allow you to make
      deposits of paper checks (“Original Checks”) to your checking, savings or money
      market savings Accounts with Bank (“Mobile Deposit Accounts”) from home or
      other remote locations by using your eligible camera-enabled Mobile Device to
      capture images of the Original Checks and transmitting the digital images and
      associated deposit information (“Images”) to us or our third party processor
      (“Processor”) with your Mobile Device.

    1. Eligibility

      You must be a
      user of the Bank’s Mobile Banking Service to use Mobile Deposit.

    1. Enrollment

      In order to use
      Mobile Deposit, you must: (a) have one or more eligible Deposit Accounts with
      us, (b) have an eligible Mobile Device, and (c) be a user of the Mobile Banking
      Service. Only certain camera-enabled Mobile Devices may be used with Mobile
      Deposit, as specified by us from time to time. The enrollment process may
      require you to provide information about the Mobile Device that you will use
      for Mobile Deposit, as well as the telephone number for your Mobile Device, the
      telecommunications carrier that provides service to your Mobile Device, and
      your email address. Use of Mobile Deposit requires identification of your
      banking relationship with us as well as verification of your Mobile Device. If
      you use a handheld mobile device other than your Mobile Device to access Mobile
      Deposit, any short message service (“SMS”) text messages originating from
      Mobile Deposit will be sent to the Mobile Device you entered and verified when
      registering for Mobile Deposit. It is
      your responsibility to provide us with accurate, complete and current
      information about you and your Mobile Device (including its telephone number,
      the telecommunications carrier, and your email address), and to notify us
      immediately if any of this information changes or if service to your Mobile
      Device is terminated
      . We reserve the right to refuse or cancel your
      registration for Mobile Deposit if we cannot verify information about you
      and/or your Mobile Device.

    1. Charges for
      Mobile Deposit

      While we
      currently do not charge for Mobile Deposit, you agree to pay for any future
      charges we may assess for Mobile Deposit in accordance with our current Fee
      Schedule, as amended from time to time, or you may elect to terminate Mobile
      Deposit. We will advise you of any fee changes prior to implementing them to
      the extent and as required by applicable law. You authorize us to automatically
      charge your primary checking Account for all such fees incurred in connection
      with Mobile Deposit. In the future, we may add to or enhance the features of
      Mobile Deposit. By using such added or enhanced features, you agree to pay for
      them in accordance with our Fee Schedule.

    1. Deposit Limits

      We may establish
      daily and/or monthly limits on the dollar amount and/or number of items or
      deposits from time to time. If we permit you to make a deposit in excess of
      these limits, such deposit will still be subject to the terms of this
      Agreement, and we will not be obligated to allow such a deposit at other times.

    1. Eligible Items

      You hereby agree
      that you will only scan and deposit a check(s) as that term is defined in
      Federal Reserve Board Regulation CC (“Reg CC”). You agree that the Image of the
      check that is transmitted to the Bank (each such check and other item is
      referred to in this section as a “Check” and, if more than one, “Checks”) shall
      be deemed an “item” within the meaning of Article 4 of the Uniform Commercial
      Code of the Commonwealth of Massachusetts. You also acknowledge and agree that
      Mobile Deposits that you make using this service are not “Electronic Fund
      Transfers” as that term is defined in Bureau of Consumer Financial Protection
      Regulation E.

      You further agree
      that you will not use Mobile Deposit to deposit any Checks or other items
      (considered ineligible or “Prohibited Checks”) that:

      • are payable to
        any person or entity other than yourself or otherwise to the owner of the
        account that the item is being deposited into,
      • are drawn, or
        otherwise issued, by you on any of your Mobile Deposit Accounts maintained at
        another financial institution,
      • are prohibited by
        Bank’s then current procedures pertaining to Mobile Deposit or are in violation
        of any law, rule or regulation,
      • you know or
        suspect, or should know or suspect, are altered on the front of the item,
        fraudulent or otherwise not authorized by the owner of the Mobile Deposit
        Account on which the Checks are drawn,
      • have not been
        previously endorsed by a bank and are either “substitute checks” (as defined in
        Reg CC or other applicable federal law or regulation) or “image replacement
        documents” that purport to be substitute checks, without Bank’s prior written
        consent,
      • are drawn on
        financial institutions that are located outside of the United States or
        Territories of the United States,
      • are payable
        jointly, unless deposited into a deposit Account in the name of all payees,
      • are remotely
        created checks, as defined in Reg. CC, or are remotely created payment orders,
      • are not payable
        in United States currency,
      • are dated more
        than six (6) months prior to the date of deposit,
      • have any
        endorsement on the back other than that specified in this section,
      • have previously
        been submitted through Mobile Deposit or through a remote deposit capture
        service offered at any other financial institution,
      • money orders,
      • are not
        acceptable to Bank for deposit into a deposit Account as provided in the
        Account Agreement.

      If you deposit a
      Prohibited Check, you agree to indemnify and reimburse the Bank for, and hold
      the Bank harmless from and against, any and all losses, costs and expenses
      (including reasonable attorneys’ fees) that the Bank may incur associated with
      any warrant, indemnity or other claim related thereto. Furthermore, if, after
      first having obtained the Bank’s written consent to do so, you provide the Bank
      with an electronic representation of a substitute Check for deposit into a
      Mobile Deposit Account instead of an Original Check, you agree to indemnify and
      reimburse the Bank for, and hold the Bank harmless from and against, any and
      all losses, costs and expenses (including reasonable attorneys’ fees) the Bank
      incurs because any such substitute check resulting from such electronic
      representation does not meet applicable substitute check standards and/or
      causes duplicate payments.

    1. Requirements

      You understand
      you must, and hereby agree, at your sole cost and expense, to use a Mobile
      Device that meets all technical requirements for the proper delivery of Mobile
      Deposit and that fulfills your obligation to obtain and maintain secure access
      to the Internet. You understand and agree you may also incur, and shall pay,
      any and all expenses related to the use of Mobile Deposit, including, but not
      limited to, telephone service or Internet service charges. You are solely
      responsible for the payment of any and all costs and expenses associated with
      meeting and maintaining all technical requirements and additional items
      necessary for the proper use of Mobile Deposit. You understand and agree that
      you are solely responsible for the operation, maintenance and updating of all
      equipment, software and services used in connection with Mobile Deposit and the
      cost thereof, and you hereby agree that you will perform, or cause to be
      performed, all vendor recommended maintenance, repairs, upgrades and
      replacements. The Bank is not responsible for, and you hereby release the Bank
      from, any and all claims or damages resulting from, or related to, any computer
      virus or related problems that may be associated with using electronic mail or
      the Internet. The Bank is not responsible for, and you hereby release the Bank
      from, any and all claims or damages resulting from, or related to, defects in
      or malfunctions of your Mobile Device and/or any associated hardware or
      software, or failures of or interruptions in any electrical, telephone or
      Internet services. The Bank hereby advises you, and you hereby agree to scan
      its Mobile Device and/or any associated hardware or software on a regular basis
      using a reliable virus detection product in order to detect and remove viruses.

      Each Image must
      provide all information on the front and back of the Original Check at the time
      presented to you by the drawer, including, but not limited to, information
      about the drawer and the paying bank that is preprinted on the Original Check,
      MICR information, signature(s), any required identification written on the
      front of the Original Check and any endorsements applied to the back of the
      Original Check. The image quality must meet the standards established by the
      American National Standards Institute, the Board of Governors of the Federal
      Reserve, and any other regulatory agency, clearing house or association.

      Endorsements must
      be made on the back of the Check within 1 ½ inches from the top edge, although
      we may accept endorsements outside this space. Your endorsement must include
      your signature and your Account number and “FOR MOBILE DEPOSIT AT RADIUS BANK,”
      or as otherwise specified by us from time to time. Any loss we incur from a
      delay or processing error resulting from an irregular endorsement or other
      markings by you will be your responsibility.

      A Check payable
      to two payees must be endorsed by both payees. If the Check is payable to you
      or your joint owner, either of you can endorse it. If the Check is made payable
      to you and your joint owner, both of you must endorse the Check and it must be
      deposited into a Mobile Deposit Account owned by both of you.

    1. Receipt of
      Deposit.

      All Images
      processed for deposit through Mobile Deposit will be treated as “deposits”
      under the Account Agreement and this Agreement. When we receive an Image, we
      will attempt to confirm receipt via a confirmation email to you if you have
      elected this option and provided us with your email address when you make the
      deposit. We shall not be deemed to have received the Image for deposit until we
      have confirmed receipt. Confirmation does not mean that the Image contains no
      errors. Notwithstanding the fact that we have accepted a Mobile Deposit for
      processing, any credit made to your Mobile Deposit Account shall be
      provisional, and you shall remain liable to us for any errors, inaccuracies,
      breach of warranties and any other loss sustained by, or claim made against us.

      We shall have no
      liability to you for the rejection of a Mobile Deposit or the Images or other
      information contained therein or for our failure to notify you of such

      rejection. We are not responsible for any Image that we do not receive.

      Following
      receipt, we may process the Image by preparing a “substitute check” or clearing
      the item as an Image.

      We reserve the
      right, at our sole and absolute discretion, to reject any Image for remote
      deposit into your Mobile Deposit Account. We will notify you of rejected Images
      by phone, email or other means.

    1. Retention of
      Original Checks.

      After you receive
      confirmation that we have received an Image, you must securely store the
      Original Check for 3 days after transmission to us and make the Original Check
      accessible to us at our request. Upon our request from time to time, you will
      deliver to us within two (2) Business Days, at your expense, the requested
      Original Check in your possession. If not provided in a timely manner, such
      amount will be reversed from your Mobile Deposit Account. Promptly after such
      period expires, you must destroy the Original Check by first marking it “VOID”
      and then destroying it by cross-cut shredding or another commercially
      acceptable means of destruction. After destruction of an Original Check, the
      Image will be the sole evidence of the Original Check.

      You agree that
      you will never deposit the Original Check or present the Original Check to us
      or anyone else for payment. You understand that you are responsible if anyone
      is asked to make a payment based on an Original Check that has already been
      paid.

    1. Returned Deposits

      Any credit to
      your Mobile Deposit Account for Checks deposited using Mobile Deposit is
      Provisional. As used herein, “Provisional” means that the credit is made to
      your Mobile Deposit Account subject to final payment of the Checks and subject
      to the terms of the Account Agreement. If Original Checks deposited through
      Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the
      drawee bank, or are rejected or returned by a clearing agent or collecting
      bank, for any reason, including, but not limited to, issues relating to the quality
      of the Image, you agree that an Original Check will not be returned to you, but
      that we may charge back the amount of the Original Check and provide you with
      an Image of the Original Check, a paper reproduction of the Original Check or a
      substitute check. You will reimburse us for all loss, cost, damage or expense
      caused by or relating to the processing of the returned item. Without our
      approval, you shall not attempt to deposit or otherwise negotiate an Original
      Check if it has been charged back to you.

      We may debit any
      of your Accounts to obtain payment for any item that has been rejected or
      returned, for any adjustment related to such item or for any warranty claim
      related to such item, whether or not the rejection, return, adjustment or
      warranty claim was made timely.

    1. Your Warranties

      You make the
      following warranties and representations with respect to each Image:

      • Each Image is a
        true and accurate rendition of the front and back of the Original Check,
        without any alteration, and the drawer of the Check has no defense against
        payment of the Check.
      • The amount,
        payee(s), signature(s), and endorsement(s) on the Image and on the Original
        Check are legible, genuine, and accurate.
      • You will not
        deposit or otherwise endorse to a third party the Original Check and no person
        will receive a transfer, presentment, or return of, or otherwise be charged
        for, the Original Check or a paper or electronic representation of the Original
        Check such that the person will be asked to make payment based on an item that has
        already been paid.
      • There are no
        other duplicate Images of the Original Check.
      • The Original
        Check was authorized by the drawer in the amount stated on the Original Check
        and to the payee(s) stated on the Original Check.
      • You are
        authorized to enforce and obtain payment of the Original Check.
      • You have
        possession of the Original Check and no party will submit the Original Check
        for payment.

      With respect to
      each Image, you make to us all representations and warranties that we make or
      are deemed to make to any party pursuant to law, regulation or clearinghouse
      rule. You agree that files and Images transmitted to us will contain no viruses
      or any other disabling features that may have an adverse impact on our network,
      data, or related systems.

    1. Compliance with Law

      You will use
      Mobile Deposit for lawful purposes and in compliance with all applicable laws,
      rules and regulations. You agree to comply with all existing and future
      operating procedures used by the Bank for processing of transactions. You
      further agree to comply with, and be bound by, all applicable state or federal
      laws, rules, regulations, orders, guidelines, operating circulars and
      pronouncements, affecting Checks and items, including, but not limited to, all
      rules and procedural guidelines established by the Board of Governors of the
      Federal Reserve and any clearinghouse or other organization in which Bank is a
      member or to which rules Bank has agreed to be bound. These procedures, rules,
      and regulations (collectively the “Rules”) and laws are incorporated herein by
      reference. In the event of conflict between the terms of this section and the
      Rules, the Rules will control.

    1. Mobile Deposit
      Unavailability

      Mobile Deposit
      may be unavailable temporarily due to system maintenance or technical
      difficulties, including those of the Internet service provider, cellular
      service provider and Internet software. In the event that Mobile Deposit is
      unavailable, you may deposit Original Checks at our branches or through our
      ATMs or by mailing the Original Check to: P.O. Box 55063 Boston, MA 02205. You
      hereby acknowledge and agree that we shall not be liable to you for any loss or
      damage of any nature you sustain as the result of your inability to use the
      Mobile Deposit.

    1. Funds
      Availability

      The cut-off time
      applicable to Mobile Deposit is Monday through Friday at 4:00 p.m. Eastern Time
      (ET). Mobile Deposits confirmed as received before 4:00 p.m. ET on Monday
      through Friday will be considered deposited on that day. Mobile Deposits
      confirmed as received after 4:00 p.m. ET and deposits confirmed received on a
      Saturday, Sunday or holiday at any time will be considered deposited on the
      next Business Day as defined in the Account Agreement. Funds from Mobile
      Deposits will generally be available to you in accordance with our standard
      funds availability policy. Bank may make such funds available sooner based on
      such factors as credit worthiness, the length and extent of your relationship
      with us, transaction and experience information, and such other factors as the
      Bank, in its sole discretion, deems relevant.

    1. Mobile Deposit
      Security

      You will complete
      each deposit promptly. If you are unable to complete your deposit promptly, you
      will ensure that your Mobile Device remains securely in your possession until
      the deposit has been completed. It is your responsibility to establish and
      maintain procedures to safeguard against unauthorized deposits. By using Mobile
      Deposit, you accept the risk that an item deposited through Mobile Deposit will
      be intercepted or misdirected during transmission. The Bank bears no liability
      to you or others for any such intercepted or misdirected items or information
      disclosed through such transmission errors. You will notify us immediately by
      telephone at our 800.242.0272, between the hours of 8:30 a.m. and 5:00 p.m.,
      Monday through Friday, if you learn of any loss or theft of Original Checks.
      You will ensure the safety and integrity of Original Checks from the time of
      receipt until the time of destruction. If warranted in our reasonable judgment,
      we may audit and monitor you, and you agree to cooperate with us to permit such
      monitoring, to confirm that you have satisfied your obligations under this
      section.

    1. Your
      Responsibility

      You are solely
      responsible for the quality, completeness, accuracy, validity and integrity of
      the Image. You are solely responsible if you, intentionally or unintentionally,
      submit fraudulent, incorrect or illegible Image to us or if Mobile Deposit is
      used, by authorized or unauthorized persons, to submit fraudulent,
      unauthorized, inaccurate, incorrect or otherwise improper or unusable Images to
      us.

      You agree to
      notify us of any suspected errors regarding items deposited through the Service
      right away, and in no event later than 60 days after the applicable Account
      statement is sent or otherwise made available. Unless you notify us within 60
      days, such statement regarding all deposits made through Mobile Deposit shall
      be deemed correct, and you are precluded from bringing a claim against Bank for
      such alleged error.

    1. Your
      Indemnification Obligation

      You understand
      and agree that you are required to indemnify us and hold us harmless, including
      our affiliates, officers, employees and agents against any and all claims,
      actions, damages, liabilities, costs and expenses, including reasonable attorneys’
      fees and expenses arising from your use of Mobile Deposit and/or breach of this
      section. You understand and agree that this paragraph shall survive the
      termination of this Agreement.

      You also
      understand and agree that you are required to indemnify our technology partners
      or Processor, and hold harmless our Processor from and against any third party
      claims, suits, proceedings, actions or demands, including claims of another
      financial institution, business entity or governmental authority, and all losses,
      liabilities, damages, fines, penalties, costs and expenses, including court
      costs and reasonable attorneys’ fees and expenses, arising from such claims, to
      the extent such claim is related to the Bank or your use of Mobile Deposit, our
      Processor’s applications, unless such claim directly results from an action or
      omission made by our Processor in bad faith. You understand and agree that this
      paragraph shall survive the termination of this Agreement.

    1. Cooperation with
      Investigation

      You agree to
      cooperate with us in the investigation of unusual transactions, poor quality
      transmissions, and resolution of customer claims, including by providing, upon
      request and without further cost, any originals or copies of items deposited
      through Mobile Deposit in your possession and your records relating to such
      items and transmissions.

    1. Ownership and
      License

      You agree that
      the Bank and/or its service provider(s) retain all ownership and proprietary
      rights in Mobile Deposit, associated content, technology and website(s). Your
      use of Mobile Deposit is subject to and conditioned upon your complete
      compliance with this Agreement. Without limiting the effect of the foregoing,
      your breach of this section or the Agreement immediately terminates your right
      to use Mobile Deposit. Without limiting the restriction of the foregoing, you
      agree that you will not modify, change, alter, translate, create derivative
      works from, reverse engineer, disassemble or decompile the technology or Mobile
      Deposit, copy or reproduce all or any part of the technology or Mobile Deposit;
      or interfere, or attempt to interfere, with the technology or Mobile Deposit.
      We and our technology partners or Processor retain all rights, title and
      interests in and to Mobile Deposit, software and developments made available to
      you.

    1. DISCLAIMER OF
      WARRANTIES

      YOU AGREE THAT
      YOUR USE OF MOBILE DEPOSIT AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF
      THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND
      “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO
      THE USE OF MOBILE DEPOSIT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
      LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
      PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT MOBILE DEPOSIT WILL MEET
      YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE
      MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR
      RELIABLE OR THAT ANY ERRORS IN MOBILE DEPOSIT OR TECHNOLOGY WILL BE CORRECTED.

  1. Suspension and
    Termination

    In addition to
    any other provision in this Agreement or the Account Agreement on the subject,
    the Bank may, in its sole discretion and without prior notice to you unless
    otherwise required by Applicable Law, elect to suspend or terminate your use of
    Mobile Deposit (i) if you or we close the Account(s) established in connection
    with Mobile Deposit, (ii) if we reasonably suspect that you have engaged in
    fraud or other abuse with regard to Mobile Deposit, (iii) in the event of a
    material breach in the performance or observance of any term, or breach of any
    representation or warranty, by you, (iv) if we believe immediate action is
    required for the security of your or the Bank’s funds, or (vi) if we reasonably
    believe that the continued provision of Mobile Deposit would violate federal,
    state or local laws or regulations, or would subject Bank to unacceptable risk
    of loss. Notwithstanding any termination, this section and the Agreement shall
    remain in full force and effect with respect to all transactions initiated prior
    to such termination.

STOP PAYMENT

You may use Online Banking to initiate an
electronic stop payment request for any check written on your Accounts,
including those issued via the Bill Payment Service. You agree to provide all
required information relating to stop payment requests. If you fail to provide
us with complete information or if the information you provide is incorrect,
you agree that we shall not be responsible for any failure to stop payment on
such item. You understand that if the stop payment request comes too late for
us to have a reasonable time to act on it prior to paying, settling for,
posting or becoming accountable for the check described in the request, then
your stop payment request shall be of no effect. You agree not to make a claim
against us if the check is paid through inadvertence, accident, oversight or if
we are required to pay such check by a holder in due course or if by reason of
such payment, other items drawn on your Account(s) are returned insufficient.
You agree to indemnify and hold us harmless from and against any and all
losses, damages and expenses, including court costs and attorney’s fees,
incurred by us due to our refusal of payment of any check or other item in
accordance with your instructions.

PROCESSING CUT-OFF
TIMES

Except as otherwise provided in this
Agreement, any Internal Transfers submitted by you after 9:00 p.m. (Eastern
Time) are considered part of the next Business Day. External Transfers sent by
you after 1:00 p.m. (Eastern Time) are considered part of the next Business
Day. Bill Payment requests submitted after 4:00 p.m. (Eastern Time) are
considered part of the next Business Day. We reserve the right to change these
cut-off times. You will receive notice if they change in accordance with Applicable
Law.

YOUR LOGIN ID,
PASSWORD AND OTHER SECURITY PROCEDURES

You will be required to use a Login ID
assigned to or selected by you, as well as a password selected by you, each
time you log-in to use Online Banking. You agree that we may rely on your Login
ID, password and other security procedures, as further described below and as
we may modify in our sole and exclusive discretion from time to time, to
identify and authenticate you when you use the Service (hereinafter,
collectively the “Security Procedures”). You agree to protect the Security
Procedures to prevent unauthorized use.

The following Security Procedures apply to
access by all customers, except as otherwise expressly provided, to Radius
Bank’s Online Banking Service, including but not limited to the Mobile Banking
Service feature of Online Banking. The Bank may issue new Security Procedures
and/or cancel or change any Security Procedures from time to time.

Except as may otherwise be noted, the
following Security Procedures are required for all Online Banking Service
customers:

Login ID: This is the electronic identification (in
letters, numerals and special characters) associated with each user of the
Online Banking Service that will be used for log-in.

Password: Each user of the Online Banking Service will
also be required to have a unique password known only to the user. Passwords
are case-sensitive and must meet certain requirements including but not limited
to minimum and maximum length and types of characters, as further described in
the Online Banking system. Each user is strongly recommended to change his or
her individual password at least every 180 days for security purposes. Login
IDs and individual passwords may not be shared with any other person or entity.

Enhanced Log-in
Security
: In addition to
the above individual Login IDs and passwords, access to the Online Banking
Service includes, as part of the security procedures, a multi-factor
authentication security procedure at log-in for each user. Enhanced log-in
security incorporates an additional multi-part credential for each user of
Online Banking of identity authentication that may include, but is not limited
to, additional log-in security features such as security cookies, flash
objects, and one-time pass-codes. The enhanced log-in security will require
each user of Online Banking to establish and utilize, in addition to individual
Login IDs and passwords, his/her own individual authentication by selecting a
preferred out-of-band delivery channel for one-time pass-codes that may be
required from time to time at log-in. These log-in pass-codes may be delivered
to users via email or such other method as Bank may offer from time to time,
including but not limited to delivery to a designated phone or Mobile Device,
as applicable, either by voicemail or SMS text.

Mobile
Authorization Code:
This is a
four-digit numeric code (like an ATM PIN) that is set-up by you during
enrollment in the Mobile Banking Service to be used for certain Online Banking
Service activities and transactions initiated using a Mobile Device, including
but not limited to Bill Payment Service transactions.

Minimum System
Requirements:
Online Banking
is designed to operate using the latest operating system and browser
combinations. It is important for you to keep your Computer’s operating system
and browser version current to ensure maximum security and user experience. The
operating systems and browsers listed at www.radiusbank.com are the minimum
requirements necessary to ensure a positive experience while using Online
Banking. Those requirements are in addition to the Computer requirements
described in this Agreement, and the recommendations available at the Online
Banking Service website and associated web pages, including but not limited to
the following:

Additional
Strongly Recommended Security Procedures:
From time to time and as applicable, the Bank may make available additional
Security Procedures for use with Online Banking. The Bank strongly recommends
the use of these additional Security Procedures to help deter and protect
against unauthorized transactions associated with the Services, including the
following:

We will execute authenticated transfers or
transactions that are in conformity with all Security Procedures and other
requirements set forth in this Agreement. We may require additional
authentication of any transfer or transaction request. We reserve the right to
reject a transfer or transaction request that cannot be properly authenticated.

Except as is more fully discussed in this
Agreement, you understand and agree that you are responsible for all transfers
and payments made through the Service using the Security Procedures. You also
acknowledge and agree that if you permit another party(ies) to use the Security
Procedures to access the Service, or otherwise authorize them to use the
Service, you are responsible for any and all Online Transactions that
party(ies) makes from your Account, even if it exceeds your authorization.
Subject to the terms of this Agreement, we may follow and comply with any
transfer instructions entered into the Service using the Security Procedures.

You acknowledge and understand the importance
of your role in preventing misuse of your Accounts through Online Banking. You
agree that it is your sole responsibility to protect the confidentiality of
your Account and Account number, the Security Procedures, and your personal
identification information, such as your driver’s license number and social
security or tax identification number. You should not use a public computer to
access Online Banking. You agree that if you access the Service from a computer
other than your own (such as a public computer terminal at a library or
Internet café), you will not leave the computer unattended while using the
Service. You also agree that, in such situations, you will always end your
session using the Service by clicking on the LOG OFF button located at the top
right hand corner of the screen. We will not be liable to you for any losses
that may result from your failure to follow these security provisions.

You understand that personal identification
information, by itself or together with information related to your Account,
may allow unauthorized entry and access to your Account. Data transferred via
Online Banking is encrypted in an effort to provide transmission security, and
Online Banking utilizes identification technology to verify that the sender and
receiver of Online Banking transmissions can be appropriately identified by
each other.

We will never email you to request your Login
ID and password or your personal Account information over the Internet. If you
suspect that an unsolicited email of this nature is fraudulent, please contact
us.

FEES AND CHARGES

You agree to pay the fees and charges for your
use of the Service as set forth in the Fee Schedule as it may be amended from
time to time with notice to you as required by Applicable Law. You agree that
all such fees and charges will be deducted from the checking Account you
designate as the “Primary Checking Account.” If you close your Primary Checking
Account, you must contact us immediately to designate another Account as your
Primary Checking Account. You agree to pay any and all additional charges for
services you request which are not covered by this Agreement. You are also
responsible for telephone and Internet service fees you incur in connection
with your use of Online Banking.

YOUR
COMMUNICATIONS WITH RADIUS BANK

Unless this Agreement provides otherwise, you
can communicate with us in any one of the following ways:

PART II: Additional Disclosures Regarding Electronic Funds Transfers

ACCOUNT
STATEMENTS

We report your Online Transactions on the
periodic statements for your Account(s). You agree to review your periodic
statement promptly after you receive it or it is made available to you through
Online Banking in accordance with this Agreement and the terms of your Deposit
Account Agreement. You also agree to tell us promptly about any change in your
address, so that we may send your periodic statement(s) to your correct
address. Certain Deposit Accounts, including but not limited to savings
Accounts, money market deposit Accounts, CDs and IRAs, will receive a quarterly
statement if there is no EFT activity.

A copy of any documentation provided to you
that indicates that an EFT was made shall be admissible as evidence of such transfer
and shall constitute prima facie proof that such transfer was made.

UNAUTHORIZED
ONLINE TRANSACTIONS FROM YOUR DEPOSIT ACCOUNT(S)

Tell us AT ONCE if you believe your Login ID
or password has been stolen or compromised or if someone has transferred or may
transfer money from your Account without your permission. The best way to
minimize your loss is to call us IMMEDIATELY. You can lose no more than $50 if
your Login ID or password is stolen or compromised and they are used without
your permission.

To notify us, please contact us using the
information provided in the section entitled YOUR COMMUNICATIONS WITH RADIUS
BANK.

When you give someone your Login ID or
password, you are authorizing that person to use your Service, and you are
responsible for all Online Transactions the person performs using your Service.
All transactions that person performs, even transactions you did not intend or
want performed, are authorized transactions. If you notify us that the person
is no longer authorized, then transactions that person performs after the time
you notify us are considered unauthorized, so long as we have had a reasonable
opportunity to act on your notice. Transactions that you or someone acting with
you initiates with fraudulent intent are also authorized transactions. For your
protection, you should sign-off after every Online Banking session and close
your browser to ensure confidentiality.

DISCLOSURE OF
DEPOSIT ACCOUNT INFORMATION TO THIRD PARTIES

We will disclose information to third parties
about your Deposit Account and/or the Online Transactions you make:

    1. Where it is
      necessary for the completion of an Online Transaction or to resolve errors;
    1. For verification
      of the existence and condition of your Deposit Account for a third party, such
      as a credit bureau or merchant;
    1. In order to
      comply with a government agency or court order or lawful subpoena;
    1. If you give us
      your written permission, which will expire after forty-five (45) days;
    1. To our employees,
      auditors, attorneys and collection agencies in the course of their regular
      duties; or
  1. In accordance
    with our privacy policy.

RIGHT TO GET
DOCUMENTATION OF EFTS

You will get a monthly statement covering the
EFT transactions that you conduct on your Deposit Account (unless there are no
EFTs in a particular month, in any case you will get a statement at least
quarterly). You agree to review your monthly statement promptly after you
receive it in accordance with this Agreement and your Deposit Account
Agreement. You also agree to tell us promptly about any change in your address,
so that we may send your monthly statements to your correct address. Certain
Deposit Accounts, including but not limited to savings accounts, money market
deposit accounts, CDs and IRAs, will receive a quarterly statement if there is
no EFT activity.

A copy of any documentation provided to you
that indicates that an EFT transaction was made shall be admissible as evidence
of such transfer and shall constitute prima facie proof that such transfer was
made.

STOP PAYMENT OF
PREAUTHORIZED EFTS

If you have told us in advance to make
regular, preauthorized EFTs from your Deposit Account(s), you can stop any of
these payments. Here’s how: call or write to us at the phone number and/or
address provided in the section entitled YOUR COMMUNICATIONS WITH RADIUS BANK.

In order to stop payment on preauthorized
EFTs, we must be notified at least three (3) Business Days prior to the
regularly scheduled EFT date. If you call, we may also require you to put your
request in writing and get it to us within fourteen (14) days after you call.
We may charge you a fee (as provided in our Fee Schedule) for each stop payment
order that you give.

ADDITIONAL
INFORMATION REQUIRED BY MASSACHUSETTS LAW

As a Consumer, the initiation by you of certain
electronic transfers from your Account (including point-of-sale (POS)
transactions) will, except as otherwise provided in this Agreement, effectively
eliminate your ability to stop payment of the transactions. Any documentation
provided to you that indicates that an electronic transfer was made to another
person will be admissible as evidence of such transfer and will constitute
prima facie proof that such transfer was made. Unless otherwise provided in
this Agreement, you may not stop payment of electronic fund transfers.
Therefore, you should not initiate or employ electronic access to make a
payment unless you are satisfied that you will not need to stop payment.

Notice of Varying Amounts of Preauthorized EFT

If your preauthorized EFTs may vary in amount,
the person (or organization) you are going to pay will tell you at least ten
(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.

LIABILITY FOR
FAILURE TO STOP PAYMENT OF PREAUTHORIZED EFTS FROM YOUR DEPOSIT ACCOUNTS

If you order us to stop one of these payments
from your Deposit Account(s) three (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, subject to the limitations set forth in your Deposit Account
Agreements and elsewhere in this Agreement.

OUR LIABILITY IF WE FAIL TO MAKE CERTAIN EFTS
FROM YOUR DEPOSIT ACCOUNTS

If we do not complete an EFT to or from your
Deposit Account on time or in the correct amount according to our agreement
with you, we will be liable only for your losses or damages. However, there are
some exceptions to our liability to you. We will NOT be liable, for instance:

    1. If, through no
      fault of ours, you do not have enough money in your Deposit Account(s) to make
      the transfer.
    1. If the transfer
      would go over the credit limit on any overdraft line of credit associated with
      your Deposit Account.
    1. If the Service
      was not working properly and you knew about the breakdown when you started the
      Online Transaction.
    1. If circumstances
      beyond our control prevent us from making a transfer or payment, despite
      reasonable precautions that we have taken (such circumstances include Internet
      or wireless telecommunication outages or interruptions, postal strikes, delays
      caused by payees, fires, and floods).
    1. If you do not
      give proper, complete or correct transfer instructions, or you do not follow
      the procedures in this or any other Account Agreements with us for requesting
      such services.
    1. If your User ID
      and/or password has been reported lost or stolen, or we have canceled your User
      ID and/or password, or the Service.
    1. If we have reason
      to believe that you or someone else is using the Service for fraudulent or
      illegal purposes.
    1. If the funds in
      your Deposit Account are subject to legal process or other encumbrances
      restricting their transfer.
  1. There may be
    other exceptions and limitations stated in this Agreement and in our Deposit
    Account Agreements with you.

IN CASE OF ERRORS
OR QUESTIONS ABOUT ONLINE TRANSACTIONS FROM YOUR DEPOSIT ACCOUNTS

Telephone us at and/or write us at the phone
number and address listed in the section entitled YOUR COMMUNICATIONS WITH
RADIUS BANK 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 sixty (60) days after we sent the
FIRST statement on which the problem or error appeared.

    1. Tell us your name
      and Deposit Account number (if any).
    1. 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.
    1. Tell us the
      dollar amount of the suspected error.
  1. For a Bill
    Payment Service issue – tell us the checking Account number used to pay the
    bill, Payee name, date the payment was scheduled, payment amount, reference
    number and Payee account number for the payment in question.

If you tell us orally, we may require that you
send us your complaint or question in writing within ten (10) Business Days.

We will determine whether an error occurred
within ten (10) Business Days after we hear from you and will correct any error
promptly. If we need more time, however, we may take up to forty-five (45) days
to investigate your complaint or question. If we decide to do this, we will
credit your Deposit Account within ten (10) Business Days 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 ten (10) Business Days,
we may not credit your Deposit Account.

For errors involving new Deposit Accounts or
foreign-initiated transactions, we may take up to ninety (90) days to
investigate your complaint or question. For new Deposit Accounts, we may take
up to twenty (20) Business Days to credit your Deposit Account for the amount
you think is in error.

We will tell you the results within three (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.

ELECTRONIC FUND
TRANSFERS (EFTS) GENERALLY

Your use of Online Banking, including the Bill
Payment Service, and Mobile Banking Service, is subject to the Electronic Fund
Transfer Act. In addition to the foregoing, please see the Electronic Fund
Transfers Disclosure section of your Deposit Account Agreement or otherwise
received when you opened your Deposit Account(s), which also discloses
important information concerning your rights and obligations for EFTs.

LIMITED LIABILITY

Except as otherwise expressly provided in this
Agreement or required under Applicable Law, unless we acted in bad faith, we
are not liable to you for delays, errors, or Losses that occur with respect to
your use of the Service because of our performance (or failure to perform)
under this Agreement. In addition to that limitation, we are also not liable to
you for mistakes or delays with respect to your use of the Service that are caused
by circumstances beyond our control, such as acts of civil, military or banking
authorities, national emergencies, insurrection, war, riots, acts of terrorism,
failure of transportation, communication or power supply, or malfunction of or
unavoidable difficulties with our equipment. IN NO EVENT WILL YOU OR ANY PERSON
ACTING ON YOUR BEHALF BE ABLE TO RECOVER FROM US ANY CONSEQUENTIAL, EXEMPLARY,
INDIRECT OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES.

INDEMNITY

You agree to indemnify and hold us, our
shareholders, directors, officers, employees, and agents (and our affiliates
and subsidiaries and the shareholders, directors, officers, employees and
agents of our affiliates and subsidiaries) harmless from and against any and
all Losses claimed by or otherwise involving third parties and arising from or
in connection with the Service provided under this Agreement, except for Losses
due to our own gross negligence or willful misconduct. Additionally, you
further agree to hold us, and our shareholders, directors, officers, employees,
and agents (and our affiliates and subsidiaries and the shareholders,
directors, officers, employees and agents of our affiliates and subsidiaries)
harmless from Losses claimed by or otherwise involving third parties arising
out of actions taken or omitted in good faith by us in reliance upon
instructions from you, an authorized signer/convenience signer or fiduciary, or
any person acting on your behalf. We are not responsible for any actions or
omissions by any third party that is not a Third Party as described in Part III
of this Agreement or is not otherwise under our direct control.

PART III: General Provisions For Consumers

This portion of the Agreement applies to
Consumers and describes the general terms and conditions applicable to all use
of Online Banking.

COMPLIANCE

You and we agree to comply with (i) the
Account Agreements, and (ii) all Applicable Laws, regulations, rules and
orders, including without limitation all applicable National Automated Clearing
House Association (“NACHA”) rules, regulations, and policies, the Uniform
Commercial Code (“UCC”), the U.S. Department of the Treasury’s Office of
Foreign Asset Control (“OFAC”) requirements, and all applicable laws, regulations
and orders administered by the U.S. Department of the Treasury’s Financial
Crimes Enforcement Network (“FinCEN”).

CUSTOMER
IDENTIFICATION PROGRAM

You agree to provide to us, before we begin
providing any part of the Service to you, any and all information required to
comply with Applicable Law and our policies and procedures relating to customer
identification.

TRANSACTION
LIMITS

You will, upon request by us from time to
time, provide us with such financial information and statements and such other
documentation as we reasonably determine to be necessary or appropriate showing
your financial condition, as applicable, to enable us to evaluate our exposure
or risk and establish any transaction limits that may apply for your use of the
Service. Any limits established by us hereunder shall be made in our sole
discretion and shall be communicated promptly to you.

In the event that providing the Service to you
results in unacceptable credit exposure or other risk to us or will cause us to
violate any law, regulation, rule or order to which we are subject, we may, in
our sole and exclusive discretion, without prior notice or as otherwise
required by Applicable Law, further limit your transaction volume or dollar
amount and refuse to execute transactions that exceed any such limit, or we may
terminate any or all of the Service then being provided to you.

OVERDRAFTS;
SET-OFF

We may, but shall not be obligated to,
complete any transaction in connection with providing the Service if there are
insufficient Available Funds in your Account(s) to complete the transaction.
The honoring of one or more of your overdrafts, however, does not obligate us
to honor any future overdrafts. If you have an “Overdraft Protection” feature
with your Deposit Account, any check or debit that overdraws such Deposit
Account will be honored up to your available credit limit. In the event any
actions by you result in an overdraft in any of your Accounts, including but
not limited to your failure to maintain sufficient balances in any of your
Accounts, you shall be responsible for repaying the overdraft and any fee
associated therewith immediately and without notice or demand, except as
otherwise required by Applicable Law. Except to the extent prohibited or
limited by Applicable Law, we have the right, in addition to all other rights
and remedies available to us, to set-off the unpaid balance of any amount owed
us in connection with the Service against any debt owing to you by us,
including, without limitation, any obligation under a repurchase agreement or
any funds held at any time by us, whether collected or in the process of
collection, or in any other Account maintained by you at or evidenced by any
certificate of deposit issued by us. If any of your Accounts become overdrawn,
under-funded or for any reason contain a negative balance, then we shall have
the right of set-off against all of your Accounts and other property or deposit
Accounts maintained with us, and we shall have the right to enforce our
interests in collateral held by us to secure your debts to us arising from
notes or other indebtedness now or hereafter owing or existing under this Agreement,
whether or not matured or liquidated, except to the extent prohibited or
limited by Applicable Law.

COMPUTER
REQUIREMENTS

To use the Service, you will need to provide,
at your own expense, a computer or other Internet access device, software and necessary
telephone lines, Internet or other connections and equipment as needed to
access the Service (collectively referred to here as the “Computer”). You are
responsible for the installation, maintenance and operation of the Computer.
Your Internet or other web browser software must support a minimum 128-bit SSL
encryption or other security measures as we may specify from time to time. We
are not responsible for any errors or failures caused by any malfunction of the
Computer, and we are not responsible for any virus or related problems that may
be associated with the use of the Service, the Computer or other Internet
access, including but not limited to any virus, trojan horse, worm, keystroke
logger, rootkit, spyware, dishonest adware, crimeware and other malicious and
unwanted software or related problems that may be associated with access to or
use of the Service or the Computer. We recommend that you routinely scan the
Computer using reliable virus protection products, and to remove any viruses
found using such products. You are responsible for all Internet service
provider, telephone and other similar charges incurred in connecting to the
Service. From time to time, we may require that you upgrade or install software
to the Computer to ensure the proper operation of the Service. You agree to
promptly load any such upgrades or additional installations upon our notice to
you.

OUR THIRD PARTIES

You acknowledge that certain third parties,
agents or independent service providers (hereinafter “Third Parties”) may, from
time to time, provide services (“Third Party Services”) to us in connection
with our provision of the Service to you and that, accordingly, our ability to
provide the Service hereunder may be contingent upon the continuing
availability of certain services from such Third Parties. Third Party Services
may involve the processing and/or transmission of your data, instructions (oral
or written) and funds. You agree that we may disclose your financial
information to such Third Parties (i) where it is necessary to provide the
Service requested; (ii) in order to comply with laws, government agency rules
or orders, court orders, subpoenas or other legal process or in order to give
information to any government agency or official having legal authority to
request such information; (iii) when you give your written permission; or (iv)
where otherwise required or permitted by Applicable Law.

We will be responsible for the acts and
omissions of our Third Parties in the same manner as if we had performed that
portion of the Service ourselves, and no claim may be brought by you against
such Third Parties. Notwithstanding the foregoing, any claims against us (with
respect to the acts or omissions of our Third Parties) or our Third Parties
shall be subject to the limitations of liability set forth in this Agreement to
the same extent as if we had performed that portion of the Service ourselves.
We will not be deemed to be the agent of or responsible for the acts or
omissions of any person (other than our Third Parties), however, and no such
person shall be deemed our agent.

YOUR RIGHT TO
TERMINATE

You may cancel or terminate your use of Online
Banking at any time by providing us with written notice by email, postal mail
or fax. Your access to Online Banking will be suspended within three (3)
Business Days of our receipt of your instructions to cancel the Service. You
will remain responsible for all outstanding fees and charges incurred through
the date of cancellation. This cancellation applies only to your access to the
Service and does not terminate your Account(s).

If you choose to cancel your access to the
Service, any unprocessed transfers will be cancelled. We recommend that you
cancel any scheduled transfers prior to notifying us that you are discontinuing
the Service. We normally will cancel any scheduled transfers within two (2)
Business Days from the date we receive your request to cancel your access to
the Service. However, we are not responsible for transfers made pursuant to
instructions received from you before your cancellation request was received.

If you close your Account(s), or if you no
longer have any Account(s) linked to the Service, your access to the Service
will automatically be discontinued, and we reserve the right to cancel any unprocessed
transfers at the time of such discontinuation of the Service.

OUR RIGHT TO
TERMINATE

We reserve the right to terminate or suspend
your use of Online Banking or any feature of the Service for any reason, at any
time. We will provide you with notice of such termination to the extent
required by Applicable Law.

CHANGE IN TERMS

We may change the terms governing your use of
Online Banking, including the terms of this Agreement or the fees and charges
associated with the Service and/or any policy or procedure affecting your use
of the Service, at any time. We will provide you with notice of such changes
when and as required by Applicable Law. All changes will be effective upon the
date provided in the notice. However, if the change is in your favor (such as
the termination or reduction of a fee), we may provide you notice of the change
after it is effective. We will post any required notice of the change in terms
on the Online Banking website or forward it to you by email or by postal mail,
or as otherwise required by Applicable Law. Your continued use of any or all of
the subject Online Banking service(s) indicates your acceptance of the change
in terms. We reserve the right to waive, reduce or reserve charges or fees in
individual situations. You acknowledge and agree that the applicable Deposit
Account Agreement and any associated disclosures govern changes to fees
applicable to specific Accounts, including changes to those fees set forth in
the Fee Schedule.

ELECTRONIC MAIL

Because normal Internet email transmissions
may not be secure, you agree to log into the Service and contact us electronically
only through any secure messaging service that we may make available to you for
any inquiries or requests that you may have regarding your Accounts. We cannot
otherwise act on instructions sent by you from an external email address except
through the secure messaging service that we make available to you through the
Service.

We will not immediately receive email that you
send. Therefore, you should not rely on email if you need to communicate with
us immediately (for example, to report a lost or stolen ATM or debit card
and/or password, to report an unauthorized transaction from one of your Deposit
Accounts, or to report an error on your statement). We will not take actions
based on your email requests until we actually receive your message and have a
reasonable opportunity to act.

HYPERLINKS TO
OTHER SITES

We or our Third Parties may elect to display
one or more hyperlinks on the Service’s website from time to time. A hyperlink
is any highlighted words or phrases in a document that allow you to click
through to another section of the same document or to another document on the
Internet. A hyperlink may allow you to click through to a third party website
over which we have no control. We specifically disclaim any responsibility for
the content, products and services provided at linked third party websites. We
are not liable for any failure of the products or services advertised on third
party websites. You should be aware that third party websites may have privacy
policies that differ from our privacy policy; it is your responsibility to
review privacy policies at the linked third party websites to determine whether
those policies are acceptable to you. The linked third party websites may
provide less security than our website.

NO WARRANTIES

EXCEPT AS OTHERWISE SET FORTH IN THIS
AGREEMENT, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK,
AND THE SERVICE IS PROVIDED “AS IS.” WE AND OUR SERVICE PROVIDERS AND AGENTS DO
NOT MAKE AND EXPRESSLY DISCLAIM ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED,
WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE, WITHOUT BREACHES OF SECURITY OR WITHOUT DELAYS. IN
THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE
LIABILITY OF US AND OUR SERVICE PROVIDERS AND AGENTS IS LIMITED TO THE FULLEST
POSSIBLE EXTENT PERMITTED BY LAW.

ADDITIONAL LIMITS
ON LIABILITY

Except to the extent required or provided in
this Agreement or by Applicable Law, or as otherwise expressly provided in this
Agreement, we shall not be liable for any Losses caused by any act or omission
of any third party; for any charges imposed by any third party; or for any
Losses caused by any failure of the hardware or software utilized by a third
party to provide the Service to you.

We shall not be liable or responsible for
damages incurred as a result of data supplied by you that is inaccurate,
incomplete, not current or lost in transmission. It is understood that we
assume no liability or responsibility for the inaccuracy, incompleteness or
incorrectness of data as a result of such data having been supplied by you through
data transmission.

We are not liable for failing to act sooner
than required by this Agreement or Applicable Law. We also have no liability
for failing to take action if we had discretion not to act.

We shall not be responsible for your acts or
omissions (including, without limitation, the amount, accuracy, timeliness of
transmittal or due authorization of any entry, funds transfer order or other
instruction received from you) or the acts or omissions of any other person,
including, without limitation, any Automated Clearing House processor, any
Federal Reserve Bank, any financial institution or bank, any transmission or
communication facility, any receiver or receiving depository financial
institution, including, without limitation, the return of an entry or rejection
of a funds transfer order by such receiver or receiving depository financial
institutions, and no such person shall be deemed our agent. We shall be excused
from failing to transmit or delay in transmitting an entry or funds transfer order
if such transmittal would result in our having exceeded any limitation upon its
intra-day net funds position established pursuant to Federal Reserve guidelines
or otherwise violating any provision of any risk control program of the Federal
Reserve or any rule or regulation of any other U.S. governmental regulatory
authority. In no event shall we be liable for any damages resulting from our
action or inaction which is consistent with regulations issued by the Board of
Governors of the Federal Reserve System, operating circulars issued by a
Federal Reserve Bank or general banking customs and usage. To the extent
required by applicable laws, we will compensate you for loss of interest on
funds as a direct result of our failure to comply with such laws in executing
electronic transfers of funds, if such failure was within our control.

VIRUS PROTECTION

Neither we nor our Third Parties are
responsible for any electronic virus that you may encounter using Online
Banking, including but not limited to the Bill Payment Service and eStatements.
You are encouraged to routinely scan your Computer and files using reliable
virus protection products to detect and remove viruses. If undetected and
un-repaired, a virus can corrupt and destroy your programs, files and hardware.

YOUR INSTRUCTIONS

In our sole discretion, we may follow your
instructions concerning your use of the Service, whether such instructions are
provided by you in writing, electronically, orally (including our recording of
your oral instructions) or by other means, and we may do so without any
liability to you. We reserve the right to refuse to follow any instructions
that you give us that we believe may expose us to potential liability. We will
not have any liability to you if we do not follow your instructions in these
situations. If, however, we decide to follow your instructions in these
situations, we reserve the right to ask you for certain protections such as a
surety bond or an indemnity agreement in a form that is satisfactory to us.

DISCLOSURE OF
INFORMATION

We respect your right of privacy. Information
about your Account or any transactions between you and us will not be disclosed
to third parties except in accordance with this Agreement, Applicable Law and
our Privacy Policy.

NOTICES

Any notice that you give to us is effective
only once it is actually received. If you have been instructed to use a
specific address for a certain type of notice, it must be received by us at
that address to be effective.

You authorize us to, and you agree that we
may, except to the extent prohibited or limited by Applicable Law, send any
notice or communication that we are required or permitted to give to you under
this Agreement, including but not limited to notice of any change to the
Service or this Agreement, to your mailing address or your email address as it
appears on our records or electronically by posting the notice on the Service’s
website, on an Account statement or via facsimile and that any such notice or
communication will be effective and deemed delivered when provided to you in
such a manner. You agree to notify us promptly about any change in your mailing
or email address and acknowledge and agree that no such change will be
effective until we have had a reasonable opportunity to act upon such notice.
You agree that we may consider any such notice or communication as being given
to all Account owners when such notice or communication is given to any one
Account owner.

FORCE MAJEURE

Neither party shall bear responsibility for
non-performance of this Agreement to the extent that such non-performance is
caused by an event beyond that party’s control, including, but not necessarily
limited to, fire, casualty, breakdown in equipment or failure of
telecommunications or data processing services, lockout, strike, unavoidable
accident, act of God, riot, war or the enactment, issuance or operation of any
adverse governmental law, ruling, regulation, order, decree or an emergency
that prevents us or you from operating normally.

DOCUMENTATION

The parties acknowledge and agree that all
documents evidencing, relating to or arising from the parties’ relationship may
be scanned or otherwise imaged and electronically stored and the originals
(including manually signed originals) destroyed. The parties agree to treat
such imaged documents as original documents and further agree that such
reproductions and copies may be used and introduced as evidence at any legal
proceedings including, without limitation, trials and arbitrations relating to
or arising under this Agreement.

ENTIRE AGREEMENT;
INTEGRATION

We and you acknowledge and agree that this
Agreement and any amendments hereto, and all other documents incorporated by
reference therein, constitute the complete and exclusive statement of the
agreement between you and us with respect to the Service and supersede any
prior oral or written understandings, representations and agreements between
the parties relating to the Service.

Notwithstanding the foregoing, this Agreement
is in addition to any other agreements and disclosures between you and us.
Provisions in our other agreements and disclosures, including the Deposit
Account Agreement applicable to your Account(s), may be revised from time to time
and remain effective for all other aspects of the Accounts involved. If there
is a conflict between the terms and conditions of this Agreement and one or
more terms contained in another agreement between you and us, this Agreement
will control on issues related to Online Banking and related services,
including but not limited to the Bill Payment Service and eStatements. However,
as a Consumer, the Electronic Fund Transfers Disclosure Statement included in
your Deposit Account Agreement or otherwise received when you opened your
Account (as the same may be amended from time to time) will control.

SEVERABILITY

If any provision of this Agreement shall be
determined by a court of competent jurisdiction to be unenforceable as written,
that provision shall be interpreted so as to achieve, to the extent permitted
by applicable law, the purposes intended by the original provision, and the
remaining provisions of this Agreement shall continue intact. In the event that
any statute, regulation or government policy to which we are subject and that
governs or affects the transactions contemplated by this Agreement would
invalidate or modify any portion of this Agreement, then this Agreement or any
part thereof shall be deemed amended to the extent necessary to comply with
such statute, regulation or policy, and we shall incur no liability to you as a
result of our compliance with such statute, regulation or policy.

ASSIGNMENT AND
DELEGATION

We may assign any of our rights or delegate
any of our responsibilities in whole or in part without notice to or consent
from you. You may not assign, delegate or otherwise transfer your rights or
responsibilities under this Agreement without our prior written consent, which
consent we may grant or withhold in our sole discretion.

SUCCESSORS

This Agreement shall be binding upon and inure
to the benefit of the parties and the parties’ successors and permitted

assigns.

NON-WAIVER

No deviation from any of the terms and
conditions set forth or incorporated in this Agreement shall constitute a
waiver of any right or duty of either party, and the failure of either party to
exercise any of its rights hereunder on any occasion shall not be deemed to be
a waiver of such rights on any future occasion.

GOVERNING LAW

Any claim, controversy or dispute arising
under or related to this Agreement shall be governed by and interpreted in
accordance with federal law and, to the extent not preempted or inconsistent
therewith, by the laws of the Commonwealth of Massachusetts.

ATTORNEYS’ FEES

If any action is brought by either party
against the other regarding the subject matter of this Agreement, the
prevailing party shall be entitled to recover, in addition to any relief
granted, reasonable attorneys’ fees, costs of court, expert witness fees and
other expenses of action.

BENEFICIARIES

This Agreement is for the benefit only of the
undersigned or otherwise designated parties hereto and is not intended to and
shall not be construed as granting any rights to or otherwise benefiting any
other person.

RECORDING OF
COMMUNICATIONS

Except as otherwise required by Applicable
Law, you and we agree that all telephone conversations or data transmissions
between us or our respective agents made in connection with this Agreement may
be recorded and retained by either party by use of any reasonable means.

RELATIONSHIP

You and we are not, and your and our licensors
are not, partners, joint venturers or agents of each other as a result of this
Agreement.

HEADINGS AND
CAPTIONS; INTERPRETATION

The headings and captions of the various
subdivisions of this Agreement are for convenience of reference only and shall
in no way modify or affect the meaning or construction of any of the terms or
provisions hereof. The words “include” and “including” shall be interpreted as
meaning “include without limitation” or “including without limitation.”

PART IV: Wire Transfer Service Terms and Conditions

Personal
Radius Banking Customer may be granted the ability to enter and complete
domestic wire transfer orders within the Online Radius Banking platform.  If that ability is enabled for a personal
banking customer, the following agreement applies.

  1. Service. The
    Service described in this Agreement provides Customer with the capability totransfer funds from specific Deposit
    Account(s) to other accounts (the “Recipient Account(s)”) as directed by
    Customer. The Recipient Account(s) may be Customer accounts or domestic-only (U.S.-based)
    third-party accounts, and may be with Radius Bank or with domestic third-party
    financial institutions. Customer may use the Service to initiate one-time wire
    transfers or automated standing transfer orders (as described below) or to
    create templates for wire transfers made on a repetitive basis which involve
    the same Customer Deposit Account and Recipient Account (“Repetitive
    Transfer(s)”). Customer may also utilize Repetitive Transfers to initiate
    automated standing wire transfer orders, as further described below. All wire
    transfers must be initiated by Customer.
  2. Transfer Instructions and Transmission
    Methods.

    1. Customer may instruct Radius Bank to
      transfer funds from any Customer Deposit Account(s) owned at Radius Bank. For
      purposes of this agreement, such instruction (or “order”)
      shall be received from Customer and initiated by means of the Online Banking
      Service, unless Radius Bank agrees otherwise in writing in its sole and
      exclusive discretion.
    2. In order to transmit instructions via the
      Online Banking Service, Customer must first agree to and transmit all
      instructions in accordance with all of the terms, conditions and security
      procedures applicable to the Service and set forth in Customer’s Agreement, the
      Online Banking Service, this Agreement, and/or associated documents provided by
      Radius Bank, as applicable, including any schedules associated therewith, as
      may be amended by Radius Bank from time to time (collectively herein the
      “Security Procedures”).
    3. Customer’s authority to make the transfer
      and to issue other directions and instructions associated with the wire
      transfer shall be conclusively presumed if the Security Procedures associated
      with the applicable transmission method are followed.
  3. Transactions Limits; Execution of Wire
    Transfers.

    1. By submitting a wire transfer request,
      Customer authorizes Radius Bank to withdraw the amount of any requested wire
      transfer which Customer may authorize and instruct, plus any applicable fees
      and charges, from Customer’s designated Deposit Account. Subject to the terms
      of this Agreement, Radius Bank will accept and execute a wire transfer received
      from Customer that has been authenticated by Radius Bank and is in conformity
      with the Security Procedures (as further described below), cut-off times,
      transaction limits and other requirements as described in this Agreement and
      any associated exhibits, set-up form(s) and other documentation. Radius Bank
      will reject payment orders that would cause Customer’s transactions to exceed
      the available balance, daily transaction limit or the daily exposure limit
      established by Radius Bank for Customer.
    2. All wire transfers to accounts at other
      depository institutions are transmitted using the Fedwire funds transfer system
      owned and operated by the Federal Reserve Bank or via a similar wire transfer
      system used primarily for funds transfers between financial institutions, which
      may include a system provided by or through a Radius Bank intermediary,
      correspondent or service provider.
    3. Each wire transfer must include the
      following information in addition to any information which Radius Bank may
      require for proper identification and security purposes: (i) Deposit Account
      number from which the funds are to be withdrawn, (ii) amount to be transferred,
      (iii) currency type, (iv) name and ABA routing number or SWIFT BIC of the
      beneficiary’s bank, and (v) name, address and account number of the
      beneficiary. In the event a wire transfer describes an account number for the
      beneficiary that is in a name other than the designated beneficiary, Radius
      Bank may execute the wire transfer to the account number so designated
      notwithstanding such inconsistency.
    4. Templates created via the Online Banking
      Service or other instructions for Repetitive Transfers that are based on and
      reflective of information provided by Customer are the sole and
      exclusive responsibility of Customer. Customer agrees to release and hold
      Radius Bank harmless from any loss or liability (including reasonable
      attorney’s fees) which Customer or Radius Bank may incur after Radius Bank has
      executed a Repetitive Transfer, including without limitation, any loss due to
      Customer error in creating the Repetitive Transfer template or instruction.
  4. Time of Execution – Domestic Wires.
    1. Radius Bank will execute each
      authenticated wire transfer that is in conformity with all Security Procedures,
      cut-off times and other requirements set forth herein, on the Business Day
      received or on the Business Day requested by Customer if the wire transfer is
      future-dated. Radius Bank may require additional authentication of any wire
      transfer request. Radius Bank reserves the right to reject a wire transfer
      request that cannot be properly authenticated. Cut-off times may be established
      and changed by Radius Bank from time to time. Instructions for wire transfers
      received after such cut-off times may be treated by Radius Bank for all
      purposes as having been received on the following Business Day.
    2. Except for future-dated outgoing wire
      transfers, domestic outgoing wire transfers (U.S.-based receivers) initiated
      and approved by the cut-off time set forth in the Processing Specifications
      section below on a Business Day will be processed that same day if that day is
      also a Business Day for Radius Bank’s correspondent facility and the recipient
      bank. Outgoing domestic wire transfers initiated and approved after the cut-off
      time set forth in the Processing Specifications section below will be processed
      the next Business Day if that day is also a Business Day for Radius Bank’s
      correspondent facility and the recipient bank. Future-dated domestic outgoing
      wire transfers will be initiated on the effective date requested by Customer,
      provided that date is a Business Day, not on the date Customer entered the
      transaction using the Service. Customer may submit a future-dated domestic wire
      transfer up to such period of time in advance of the effective date requested
      by Customer as the Service permits.
    3. Radius Bank may handle wire transfers
      received from Customer in any order convenient to Radius Bank, regardless of
      the order in which they are received. If more than one wire transfer request is
      made at or about the same time and the Available Funds in the applicable
      Account do not cover all of such orders or requests, Radius Bank may at its
      option execute as many of such orders or requests as possible within the dollar
      limits of such Available Funds.
  5. Repetitive Transfers.
    1. A Repetitive Transfer is a template-based
      transfer order that Customer intends to be made on a recurring, periodic basis
      to the same beneficiary and the same account at the same beneficiary bank and
      for which only the date and dollar amount and any additional optional
      information vary.
    2. Upon set-up of any Repetitive Transfer,
      Radius Bank will transfer funds from Customer’s Deposit Account(s) according to
      the schedule and parameters set forth by and/or for Customer in the Online
      Radius Banking Service or any associated exhibits.
    3. For domestic Repetitive Transfers
      transmitted through the Online Radius Banking Service, Repetitive Transfers
      must be authorized in accordance with the terms and conditions of the Online
      Radius Banking Service and related service requirements. Customer shall be

      responsible for the creation of all Repetitive Transfer templates. Radius Bank
      shall not be liable for any error in Customer’s set-up or creation of any
      template.

    4. Modifications or deletions of Repetitive
      Transfers that were established via the Online Radius Banking Service must be
      modified or deleted by Customer via the Online Radius Banking Service prior to
      Customer’s desired effective date of the change or deletion and in accordance
      with the time limits set forth within the Online Radius
      Banking Service.
  6. Cancellation and Amendment of a Wire. Customer may request that Radius Bank attempt
    to cancel oramend a wire transfer
    previously received from Customer. If a cancellation or amendment request is
    received by Radius Bank before the wire transfer is executed and with
    sufficient time to afford Radius Bank an opportunity to act upon Customer’s
    request, Radius Bank may, on its own initiative but without obligation, make a
    good faith effort to act upon such request. In the event Customer’s
    cancellation or amendment request is received after execution of Customer’s
    wire transfer request, Radius Bank will attempt to have the wire transfer
    returned. Notwithstanding the foregoing, Radius Bank shall have no liability
    for the failure to effect a cancellation or amendment, and Radius Bank makes no
    representation or warranty regarding Radius Bank’s ability to amend or cancel a
    wire transfer. Customer agrees to indemnify Radius Bank against any loss,
    liability or expense (including reasonable attorney’s fees)
    which Radius Bank incurs as a result of the
    request to cancel or amend a wire transfer
    and the actions Radius Bank takes pursuant to such request.
  7. Notice of Rejection or Return. Radius Bank shall have no liability for wire
    transfers sent by Radius Bank asdirected
    by Customer which cannot be completed or which are returned due to incorrect
    information furnished by Customer. Customer is required to fully complete
    beneficiary name and address, as beneficiary bank may elect to return an
    otherwise valid wire transfer for incomplete beneficiary information. Radius
    Bank may reject or impose conditions that must be satisfied before it will
    accept Customer’s instructions for any wire transfer, in its sole discretion,
    including, but not limited to, if there are insufficient Available Funds on
    deposit with Radius Bank for the specified Deposit Account, if the transfer
    order that does not comply with the security procedures, if there is any
    inconsistency between a transfer order and information previously supplied to
    Radius Bank, if Radius Bank is unable to obtain confirmation of such transfer
    order satisfactory to Radius Bank, if Radius Bank believes that the wire
    transfer may not have in fact been authorized, or if Radius Bank has other
    reasonable grounds not to honor the payment order. A wire transfer may also be
    rejected by an intermediary or beneficiary bank other than Radius Bank, or by
    operation of law. If a wire transfer is rejected, Radius Bank will endeavor to
    notify Customer promptly by telephone. Upon rejection or return, Radius Bank
    shall have no further obligation to act upon a wire transfer, nor shall Radius
    Bank have any liability to Customer due to rejection by another person in the
    wire transfer process, or the fact that notice was not given or was not given
    at an earlier time, or within any specified time of receipt, acceptance,
    execution or payment of any wire transfer.
  8. Security Procedures.
    1. Customer agrees that the Security
      Procedures used by Customer and set forth or incorporated by reference in this
      Appendix and/or associated documents, including but not limited to Schedule
      C to this Appendix, as well as the terms of and schedules to the Online
      Radius Banking Service, are a commercially reasonable method of providing
      security against unauthorized wire transfers and for all other instructions
      from Customer to Radius Bank. Any wire request transmitted by Customer shall be
      deemed authorized if transmitted in accordance with the Security Procedures.
      Customer also agrees that any election Customer may make to change or refuse
      the Security Procedures is at Customer’s risk and that any loss resulting in
      whole or in part from such change or refusal will be Customer’s responsibility.
    2. Customer warrants that no individual will
      be allowed to initiate transfers without proper supervision and safeguards, and
      agrees to take reasonable steps to maintain the confidentiality of the security
      procedures and any passwords, codes, security devices and related instructions
      provided by Radius Bank in connection with the Security Procedures applicable
      to the Service and to restrict access thereto to Customer’s employees trusted
      with the duty to transmit wire transfer orders to Radius Bank. If Customer
      suspects, knows, believes or has reason to believe that any such information or
      instructions have been known or otherwise accessed by unauthorized persons,
      Customer agrees to immediately notify Radius Bank by phone, followed by written
      confirmation. The occurrence of unauthorized access shall not affect any
      transfers made in good faith by Radius Bank prior to receipt of such notice and
      within a reasonable time period after notice is received to allow sufficient
      time for Radius Bank to respond to such notice.
    3. Radius Bank may, from time to time,
      propose modified, additional or enhanced Security Procedures to Customer for
      use with the Service. Customer understands and agrees that if it declines to
      use any such modified, additional or enhanced Security Procedures, it will be
      liable for any losses that would have been prevented by such Security
      Procedures. Notwithstanding anything else contained in this Appendix, if Radius
      Bank believes immediate action is required for the security of Radius Bank or
      Customer funds, Radius Bank may initiate modified, additional or additional
      Security Procedures immediately and provide prompt subsequent notice thereof to
      Customer.
    4. Customer hereby acknowledges that the
      Security Procedures are neither designed nor intended to detect errors in the
      content or verify the contents of a wire transfer by Customer. Accordingly, any
      errors contained in wire transfers from Customer shall be Customer’s
      responsibility, and Customer shall be obligated to pay or repay (as the case
      may be) the amount of any such wire transfer. No Security Procedures for the
      detection of any such Customer error have been agreed upon between Radius Bank
      and Customer.
  9. Compliance with Security Procedures.
    1. If a wire transfer (or a request for
      cancellation or amendment of a wire transfer) received by Radius Bank was sent
      in accordance with the Security Procedures applicable to the Service and thereby
      purports to have been transmitted or authorized by Customer, it shall be deemed
      effective as Customer’s wire transfer (or request), even if the wire transfer
      (or request) was not authorized by Customer. If Radius Bank accepted the wire
      transfer (a) in compliance with the Security Procedures with respect to such
      wire transfer, (b) in compliance with any written agreement or instruction of
      Customer restricting acceptance of wire transfer issued in Customer’s name, and
      (c) in good faith, then Customer shall be obligated to pay Radius Bank the
      amount of such wire transfer.
    2. If a wire transfer (or a request for
      cancellation or amendment of a wire transfer) received by Radius Bank was
      actually sent or authorized by Customer, Customer shall pay Radius Bank the
      amount of any such wire transfer, whether or not Radius Bank complied with the
      Security Procedures applicable to the Service and whether or not that wire
      transfer was erroneous in any respect or that any such error would have been
      detected if Radius Bank had complied with the Security Procedures.
  10. Accuracy; Inconsistency of Receiving
    Beneficiary Name and Account Number
    .
    Insubmitting any wire request or
    related instructions, Customer shall be responsible for providing all necessary
    information required by Radius Bank. Radius Bank’s Service is only designed to
    respond to information provided by Customer. Accordingly, any inaccuracy in any
    information provided by Customer may result in an unintended transfer of funds.
    Radius Bank bears no responsibility and shall not be liable to Customer for any
    information provided by Customer in a wire request or related instructions that
    is inaccurate, incomplete or otherwise incorrect. Customer acknowledges and
    agrees that, in accordance with Article 4A of the UCC, Radius Bank shall be
    entitled to rely upon the numbers supplied by Customer to identify banks,
    beneficiaries and other parties to the wire transfer, even if those numbers
    disagree or are inconsistent with the names of those parties as provided by
    Customer. Radius Bank and any other receiving financial institution shall have
    no obligation to determine whether a name and number identify the same person
    or institution. Customer acknowledges that payment of a wire request or related
    instructions may be made by the beneficiary’s bank on the basis of an
    identifying or bank account number even if it identifies a person different
    from the named beneficiary.
  11. Payment; Authorization to Charge Account.
    1. Customer will compensate Radius Bank for
      the Service as applicable and as provided in Radius Bank’s Fee Schedule
      attached as Schedule D to this Appendix. In connection with each wire
      transfer, Customer shall also pay Radius Bank’s online wire transfer fee in
      effect at the time of such transfer. Radius Bank shall be authorized to deduct
      its fees hereunder from any Deposit Account of Customer.
    2. Customer agrees to pay Radius Bank the
      amount of each transfer order received from Customer on the Business Day that
      Radius Bank executes said order or at such other time as Radius Bank may
      determine. Radius Bank may, without prior notice or demand, obtain payment of
      such amount by debiting the Account designated or, in the event there are not
      sufficient Available Funds in the Deposit Account, debiting any other Deposit Account
      Customer maintains with Radius Bank, in Radius Bank’s sole and exclusive
      discretion. Customer agrees to at all times maintain a balance of Available
      Funds in Customer’s designated Deposit Account sufficient to cover payment of
      Customer’s obligations under this Appendix. Radius Bank is not obligated to
      execute and may reject, without notice to Customer, any transfer order which
      exceeds the amount of Available Funds on deposit with Radius Bank for the
      specified Deposit Account or any transfer order that does not comply with the
      Security Procedures as such may be modified from time to time. The
      aforementioned notwithstanding, Radius Bank may, at Radius Bank’s discretion
      and with the approval of one of Customer’s officers with the appropriate
      borrowing authority, execute a transfer which fails to meet Available Funds
      requirements. If Radius Bank does so, Customer agrees to repay Radius Bank on
      demand the amount of any resulting overdraft in Customer’s Deposit Account, as
      well as the overdraft fees specified in Customer’s Deposit
      Account Agreement and/or applicable Fee Schedule.
  12. Advices and Statements. All wire transfers accepted by Radius Bank
    (including wire transfers sent orreceived
    on behalf of Customer) will be reflected on Customer’s Online Radius Banking
    Service daily history and on Customer’s periodic Deposit Account statement
    issued by Radius Bank with respect to the Deposit Account(s) to or from which
    Customer’s wire transfer was made. If Customer elects to sign up for Radius
    Bank’s special notification feature, Radius Bank will also send Customer an
    advice or notice to the email address(es) specified by Customer if a wire
    transfer has been accepted. Customer agrees to check the daily history of the
    Deposit Account(s) on the day after the processing date and to notify Radius
    Bank immediately of any discrepancies between Customer’s records and the daily
    history. Customer also agrees to notify Radius Bank in accordance with the
    terms of Section 11 of the Agreement of any discrepancy between Customer’s
    records and the information shown on the periodic statement for the Account(s).
    If Customer fails to notify Radius Bank of any such discrepancy as required by
    this paragraph, Customer agrees that Radius Bank’s liability for any Customer
    losses with respect to an Entry shown on the daily history or periodic
    statement shall be limited as set forth in the parties’ Agreement.
  13. Refunds. If
    the beneficiary’s bank does not pay the beneficiary specified in the wire
    transferorder, a refund will be
    made only after Radius Bank has received confirmation of the effective
    cancellation of the wire transfer order and Radius Bank is in free possession
    of the funds debited or earmarked in connection with the wire transfer order.
    Any refund will be made for either (i) the face amount of the wire transfer
    (less Radius Bank’s fee and expenses and expenses of Radius Bank’s
    correspondents, agents or sub-agents) or (ii) the amount actually received by
    Radius Bank in settlement of the liability to Radius Bank of our correspondent,
    agents or sub-agents, or foreign postal services, whichever is lower. As a
    condition of making refund, however, Radius Bank shall have the option, for a
    wire transfer composed or partially composed of foreign currency, to make
    refund (i) in that foreign currency, or (ii) in U.S. Dollars at Radius Bank’s
    buying rate on the date of refund to Customer. When the funds for payment of
    the wire transfer have been remitted abroad and have not been returned or
    otherwise made available to Radius Bank, Radius Bank shall not be obligated to
    make any refund on account of the wire transfer. Radius Bank shall not be
    liable for a sum greater than the amount paid for the wire transfer, exclusive
    of commission, cable-charges, and other expenses.
  14. Radius Bank Reliance; Authentication.
    1. Radius Bank shall be entitled to rely in
      good faith on communications it receives as being given or sent by an
      Authorized User and as being genuine and correct. Radius Bank shall not be
      liable to Customer for the consequences of such reliance.
    2. BANK
      MAY TAKE SUCH ADDITIONAL STEPS AND IMPLEMENT SUCH
      PROCEDURES AS IT MAY DEEM APPROPRIATE TO VERIFY THE AUTHENTICITY OF ANY
      WIRE TRANSFER. BANK MAY DELAY THE EXECUTION OF ANY WIRE TRANSFER PENDING
      COMPLETION OF A CALL-BACK OR RECEIPT OF ANOTHER FORM OF VERIFICATION WHICH IS
      SATISFACTORY TO BANK. IF BANK IS UNABLE TO OBTAIN SATISFACTORY VERIFICATION,
      BANK, IN ITS SOLE DISCRETION, MAY REFUSE TO EXECUTE ANY WIRE TRANSFER.
      In
      no event shall Radius Bank be liable for any delay in executing awire transfer or for failure to
      execute a wire transfer due to the absence of satisfactory verification.
    3. Radius Bank may electronically record any
      telephone conversations between Radius Bank personnel and Customer.
    4. Wire transfer transactions are subject to
      all the foregoing and all regulations governing electronic transactions,
      including but not limited to Article 4A of the UCC.
  15. Radius Bank Responsibilities.
    1. In the performance of the Service
      addressed by this AgreementRadius Bank shall be entitled to rely solely on the
      information, representations, and warranties provided by Customer pursuant to
      this Appendix, and shall not be responsible for the accuracy or completeness
      thereof. Radius Bank shall be responsible only for performing the Service as
      expressly provided for in this Appendix. Radius Bank shall not be responsible
      for Customer’s acts or omissions (including, without limitation, the amount,
      accuracy, timeliness of transmittal or authorization of any instruction or
      transaction received from Customer or through Customer’s Access Devices, as
      defined in the Agreement) or those of any other person, including without
      limitation any Federal Reserve Radius Bank or transmission or communications
      facility, and no such person shall be deemed Radius Bank’s agent. Customer
      agrees to indemnify and defend Radius Bank against any loss, liability or
      expense (including reasonable attorney’s fees and expenses) resulting from or
      arising out of any claim of any person that Radius Bank is responsible for any
      act or omission of Customer or any other person described in this Section 17.
    2. Customer acknowledges and agrees that
      Radius Bank’s provision of the Service hereunder may be interrupted from time
      to time. Without limiting the generality of the foregoing, Radius Bank shall be
      excused from failing to act or delay in acting if such failure or delay is
      caused by legal constraint, interruption of transmission or communication
      facilities, equipment or software error or malfunction, war, acts of terrorism,
      emergency conditions or other circumstances beyond Radius Bank’s reasonable
      control. From time to time Radius Bank may need to temporarily suspend the
      Service or the processing of a transaction for greater scrutiny or
      verification, including, but not limited to, suspending processing to review
      for suspected fraudulent activity, verification that Available Funds are
      sufficient as well as fully collected and valid, or for OFAC compliance in
      accordance with applicable OFAC guidance, and Radius Bank shall be excused if
      this action causes delay in the settlement and/or availability of the
      transaction. In addition, Radius Bank shall be excused from failing to transmit
      or delay in transmitting a payment, transfer or other use of the Service (i)
      if, in Radius Bank’s reasonable judgment, processing a payment, transfer or
      other use of the Service would violate or contribute to the violation of any
      present or future risk control program of the Federal Reserve or any applicable
      rule, law, regulation, or regulatory requirement; (ii) if Radius Bank
      reasonably suspects that a transaction involves fraudulent activity or that
      Available Funds will not ultimately be sufficient to cover a transaction, or
      (iii) if processing a payment, transfer or other use of the Service, in Radius
      Bank’s sole discretion, would cause Radius Bank to engage in an unsafe or
      unsound practice.
  16. Cooperation in Loss Recovery Efforts. In the event of any damages for which Radius
    Bank orCustomer may be liable to
    each other or to a third party pursuant to the Service provided under this
    Appendix, Radius Bank and Customer shall undertake reasonable efforts to
    cooperate with each other, as permitted by applicable law, in performing loss
    recovery efforts and in connection with any actions that the relevant party may
    be obligated to defend or elects to pursue against a third party.
  17. Data Breaches. Customer agrees to comply with the
    requirements of Section 9 of the Agreementwith respect to Data Breaches.
  18. Compliance. Customer
    shall comply with all applicable laws, rules and regulations inconnection with the Service. Customer
    agrees to be bound by such rules, and agrees not to initiate or receive a wire
    transfer request or related instruction in violation of international, federal,
    state and local laws and regulations including, without limitation, the
    regulations promulgated by the Office of Foreign Asset Control (“OFAC”). To the
    extent permissible under applicable law, Customer shall be responsible for and
    shall fully indemnify Radius Bank for any and all fines, assessments and
    reasonable attorney’s fees incurred by or imposed on Radius Bank as a
    result of any infraction or violation of such rules caused by or attributable to
    Customer.
  19. Termination. The parties may terminate this Appendix in
    accordance with the terms andconditions
    of the parties’ Agreement. This Appendix will automatically and immediately
    terminate if the parties’ Agreement terminates, or if any Deposit Account upon
    which the Service is dependent is terminated. Any termination of this Appendix
    shall not affect any of Radius Bank’s rights and Customer’s obligations with
    respect to wire requests or related instructions initiated by Customer prior to
    the effective time of such termination, or the payment obligations of Customer
    with respect to services performed hereunder by Radius Bank prior to the
    effective time of such termination, or any other obligations that survive
    termination of this Appendix. The provisions of this Appendix that are
    necessary to give effect to the purposes of this Appendix shall survive its
    termination.
  20. Governing Law. In addition to the terms and conditions of
    the parties’ Agreement, the partiesagree
    that if any payment order governed by this Appendix is part of a funds transfer
    subject to the federal Electronic Funds Transfer Act, then all actions and
    disputes as between Customer, or any Third-Party Service Provider (as defined
    in the Agreement) acting on Customer’s behalf, and Radius Bank shall be
    governed by Article 4A of the UCC, as varied by this Appendix.
  21. Effectiveness. Customer agrees to all the terms and
    conditions of this Appendix. The liability ofRadius Bank under this Appendix shall in all cases be subject to
    the provisions of the Agreement, including, without limitation, any provisions
    thereof that exclude or limit warranties made by, damages payable by or
    remedies available from Radius Bank. This Appendix replaces and supersedes all
    prior agreements on file with respect to the services described herein and
    shall remain in full force and effect until termination or such time as a
    different or amended Appendix is accepted in writing by Radius Bank or the
    Agreement is terminated.

PROCESSING
SPECIFICATIONS

Delivery
Deadlines / Cut-Off Times:

  1. Domestic Wire
    Transfers initiated and approved by 4:00 p.m. ET on a Business Day will be
    processed that same day if that day is also a Business Day for Radius Bank’s
    correspondent facility and the recipient bank; transfers initiated and approved
    after 4:00 p.m. ET will be processed the next Business Day if that day is also
    a Business Day for Radius Bank’s correspondent facility and the recipient bank.
    These timelines are contingent on Radius Bank and the customer completing
    required security and verification procedures and should not be considered to
    be a guarantee of processing.

PART V: MX Digital Money Management Services

BY CONTINUING IN THE ENROLLMENT POCESS AND BY USINGN
THE SERVICE where this option is made
available to you by MX in the user interface for any of the Services, OR
BY USING ANY PART OF THE SERVICES, YOU EXPRESSLY (a) ACKNOWLEDGE THAT YOU
HAVE READ ALL OF THESE TERMS; (b) AGREE AND CONSENT TO THE TERMS;
(c) REPRESENT AND WARRANT THAT YOU: (i) IF YOU ARE AGREEING TO THESE
TERMS ON BEHALF OF A BUSINESS ENTITY OR ANOTHER INDIVIDUAL, ARE AUTHORIZED TO
BIND SUCH ENTITY OR SUCH INDIVIDUAL,
AND (ii) AGREE TO BE BOUND BY THE TERMS, INCLUDING THE DISCLAIMERS AND
LIMITATIONS OF LIABILITY; AND (d) AGREE TO BE LIABLE FOR ANY NONCOMPLIANCE
WITH THESE TERMS.  IF YOU DO NOT AGREE
TO ANY OF THE TERMS, DO NOT CLICK THE ACCEPTANCE BUTTON, IF APPLICABLE, AND DO
NOT ACCESS OR USE THE SERVICES.

MX may from time to time update these Terms and your
continued use of the Services indicates your agreement to any modification with
respect to these Terms.  You may not use
the Services and may not accept the Terms if (i) you are incapable of
binding you to a contract with MX, or (ii) you are a person barred from
receiving the Services under the laws of the United States or other countries
including the country in which you are resident or from which you use the
Services.

Services:

The Services are a digital money management service
that allows registered users to organize, consolidate, manage and track their
financial information.  From time to time
MX may modify the Services and add, change, or delete features of the Services,
in its sole discretion, without notice to you.

You agree to provide accurate, current and complete
information about yourself while registering for the Services and to maintain
and update this information to keep it accurate, current and complete.  You agree to not misrepresent your identity
or your registration and account information.
Failure to provide accurate and complete information during registration
or account setup may prohibit your use of the Services or result in errors in
information generated.

You are solely responsible for (a) maintaining
the confidentiality and security of your login information, passwords, and any
other security or access information used by you or anyone you authorize on
your behalf to access the Services (collectively, “Account Information”),
(b) preventing unauthorized access to or use of the information, files or
data that you store or use in or with the Services (collectively, “Account
Data”), (c) all electronic communications, including account registration
and other account holder information, email and financial, accounting and other
data entered using the Account Information (“Communications”), and
(d) without limiting the foregoing, any and all activities that occur
under your account.  MX shall assume that
any Communications received through use of the Account Information were sent or
authorized by you.  You agree to
immediately notify MX if you become aware of any loss, theft or unauthorized
use of any Account Information.  We
reserve the right to deny you access to the Services (or any part thereof) if
we reasonably believe that any loss, theft or unauthorized use of Account
Information has occurred.  You must
inform MX of, and hereby grant to MX and its affiliates, third-party providers,
partners, licensors, employees, distributors and agents permission to use the
Account Information to enable MX to provide the Services to you, including
updating and maintaining Account Data, addressing errors or service
interruptions, and to enhance the types of data and services MX may provide to
you in the future.

MX may use, modify, display, distribute and create new
materials using the Account Information, Account Data and/or your
Communications to provide the Services to you.
By submitting Account Information, Account Data and Communications, you
agree that MX may use your Account Information, Account Data and Communications
for the purposes set out herein, without any particular time limit and without
the payment of any fees.

Anonymous,
aggregate information that does not contain personally identifiable
information, comprising financial account balances, other financial account
data, or other available data that is collected through users’ use of the
Services, may be used or licensed by MX for various purposes including but not
limited to conducting certain analytical research, performance tracking,
benchmarking helping to improve products and services and to assist in
troubleshooting and technical support.

To the extent that a user requests customer service or
other assistance from MX, you agree that MX is authorized to access and view
your account information to provide such assistance and support.

Provider Services:

In connection with your use of the Services and as
part of the functionality of the Services as may be applicable, you may have
access to certain online services or information that may be made available by
your bank and/or other third party provider(s) (“Provider Services”),
including online banking, online payment, online investment account download,
online bill pay, online trading, and other account information available from
third party provider(s).  The Services
may be designed to allow access to Provider Services (if and to the extent
provided by users’ provider(s)) to set up banking and other information,
schedule the Services to access user account(s), download transactions into the
Services and otherwise aggregate information from user account(s) with third
party provider(s).  MX has no control
over the provision of Provider Services or provision of access to the Provider
Services by users’ provider(s).  MX does
not guarantee the Provider Services.  You
agree that you may be able to use the Services in conjunction with the Provider
Services, and that MX disclaims any and all liability whatsoever for any
actions or inactions on the part of your provider(s) resulting in any inability
to use the Services to access accounts, obtain data, download transactions, or
otherwise use or access the Provider Services.

You acknowledge and agree when you access data and
information through the Services, third party provider account access
number(s), password(s), security question(s) and answer(s), account number(s),
login information, and any other security or access information, and the actual
data in your user account(s) with such provider(s) such as bank and other
account balances, credit card charges, debits and deposits as may be applicable
(collectively, “Provider Account Data”), may be collected and stored
in the Services.  You expressly authorize
MX and our third party providers, in conjunction with the operation and hosting
of the Services, to use certain Provider Account Data to (i) collect
Provider Account Data, (ii) reformat and manipulate such Provider Account
Data, (iii) create and provide hypertext links to provider(s),
(iv) access the providers’ websites using Provider Account Data,
(v) update and maintain account information, (vi) address errors or
service interruptions, (vii) enhance the type of data and services we can
provide in the future, and (viii) take such other actions as are
reasonably necessary to perform the actions described in (i) through (vii)
above.  In accessing and using the
Services you represent that you are the legal owner of the Provider Account
Data and that you have the authority to appoint, and do expressly appoint, MX
or our third party providers as your agent with limited power of attorney to
access and retrieve Provider Account Data on your behalf.  You further acknowledge that MX does not (nor
do our third party providers), review Provider Account Data and you agree that
we are not responsible for its completeness or accuracy.  Any transactions or informational activities
performed at any provider’s website are not made through the Services and MX
assumes no responsibility for such transactions or activities.  You acknowledge that you are solely
responsible for any charges associated with provider(s).  YOU ACKNOWLEDGE AND AGREE THAT WHEN MX OR ITS
THIRD PARTY PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM USERS’ PROVIDERS, MX
AND ITS THIRD PARTY PROVIDERS ARE ACTING AS USERS’ AGENT, AND NOT THE AGENT OR
ON BEHALF OF PROVIDERS.

You further acknowledge and agree that (i) some
providers may not allow the Services to access the Provider Services,
(ii) providers may make changes to their websites, with or without notice
to MX, that may prevent or delay aggregation of information from such websites,
and (iii) the Services may “refresh” the Provider Account Data
by collecting the Provider Account Data nightly, so your most recent
transactions may not be reflected in any account balances or other account
information presented to user in the Services.
In the event that you see a discrepancy in the Provider Account Data,
and in any case before making any transactions or decisions based on such
account information presented in the Services, you agree to check the last
refresh date for the account and confirm with that applicable provider that the
Provider Account Data is correct or otherwise confirm that Provider Account
Data is up to date and accurate.

Limitations:

Your right to use the Services is personal to you and
is not transferable by you to any other person or entity.  You may not, without our express prior
written consent: (a) copy, reproduce, distribute or create derivative
works of any portion of the Services; (b) reverse engineer, decompile,
alter, modify, disassemble or otherwise attempt to derive source code utilized
in the Services or any third-party applications incorporated into the Services,
including Java applets associated with the Services; (c) sell, rent,
sublicense, lease, lend or allow time-share access or use to third parties of
any portion of the Services; (d) distribute or provide copies of any
portion of the Services to third parties; (e) resell the use of the
Services; (f) use the Services to provide services to any third parties,
including business process outsourcing, service bureau applications or training
of third parties; or (g) use the Services as a platform for designing and
creating a competing product or service, including one for only your internal
use.  In the event that we have reason to
believe you, or any third parties on your behalf, have developed, or are in the
process of developing, a software system similar to the Services or are
otherwise in violation of these Terms, you agree to promptly provide us
information to assist us with any applicable investigation, including allowing
us to audit your use of the Services.  In
the event we determine you have developed a software system similar to the
Services, you hereby grant us authority to secure injunctive relief from your
continued development and/or sale of such competing product or services.  All rights not expressly granted to you in
this Agreement are reserved to MX.

You are solely responsible for your Account Data,
including the accuracy, quality and reliability of all such content.  You represent and warrant that: (i) none
of your Account Data violates any third party’s copyright, patent, trademark,
trade secret or other proprietary or intellectual property rights or rights of
publicity or privacy (collectively, “Intellectual Property Rights”), and
(ii) you have obtained all consents and waivers required under all
applicable local, state, national and international laws, rules, statutes,
treaties and regulations (including those governing account collection, export
control, consumer protection, data privacy, unfair competition, anti-discrimination
and false advertising) (collectively, “Laws”) for the provision, manipulation,
retention, use and sharing of personal data of individuals (including you) with
respect to whom information is supplied by you as part of your use of the Services,
and that you will retain all such consents and waivers and/or provide them to
MX at any time upon request.
Notwithstanding the foregoing, we reserve the right to take any action
with respect to the Services that we deem necessary or appropriate in our sole
discretion if we believe you or your use of the Services may create liability
for MX.  Your use of the Services is
subject to all applicable Laws.  In
connection with your use of the Services, you agree to: (A) comply with
all applicable Laws; (B) maintain the security of access to the Services;
(C) not use the Services for illegal purposes; (D) not interfere or
disrupt networks connected to the Services; (E) not attempt to gain
unauthorized access to other computer systems; (F) not interfere with another
user’s use and enjoyment of the Services, including disrupting the normal flow
of dialogue; (G) not use the Services to infringe any third party’s
Intellectual Property Rights; (H) not transmit through the Services,
through feedback or otherwise, any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of
any kind or nature; and (I) not bypass or disable any security mechanisms
in the Services.

Posting Information:

MX allows, or may allow in the
future, users to post content at the help desk and/or various publicly
available locations.  These forums may be
hosted by us or by a third party.
Wherever you can post information you agree:

    1. You are
      responsible for all content you submit on the Services.
    1. By submitting
      content to the Services, you represent that you have all necessary rights
      and hereby grant MX a perpetual, worldwide, non-exclusive, royalty-free,
      sub-licensable and transferable license to use, reproduce, distribute,
      prepare derivative works of, modify, display, and perform all or any
      portion of the content in connection with the Services.
    1. You may not
      post or transmit any message that is libelous, defamatory, violates any
      Law or which discloses private or personal matters concerning any third
      party.
    1. You may not
      post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, gives rise to civil liability or violates any Law; or that is otherwise inappropriate.
    1. You may not
      copy or use personal identifying information or business contact
      information about others without their permission.
  1. You may not
    post or transmit any message, data, image or program that would violate
    the rights of others, including unauthorized copyrighted text, images or
    programs, trade secrets or other confidential information, and trademarks
    or service marks used in an infringing fashion.

Required Equipment:

You are responsible for obtaining and, as applicable,
installing, configuring and updating a computer, operating system, web-browsing
software, Internet service and connection and such other equipment, software
and services as may be necessary for you to access the Services.  MX makes no warranties that your equipment or
third-party software is or will continue to be compatible with the use of the
Services.

Disclaimer:

The Services provided by MX are designed to provide
accurate and authoritative information in regard to the subject matter covered
they are however not intended to provide legal, tax or financial advice. The
Services, or certain portions and/or functionalities thereof, are provided as
strictly educational in nature and are provided with the understanding that MX
is not engaged in rendering accounting, investment, tax, legal, or other
professional services. If legal or other
professional advice including financial, is required, the services of a
competent professional person should be sought. MX specifically disclaim any
liability, loss, or risk which is incurred as consequence, directly or
indirectly, of the use and application of any of the content on this site.

MX and its third party providers are not responsible
for any investment decisions or any damages or other losses resulting from
decisions that arise in any way from the use of the Services or any materials
or information accessible through it. Past performance does not guarantee
future results. Further, MX and its third party providers do not warrant that
the Services comply with the requirements of the FINRA or those of any other
organization anywhere in the world.

Proprietary
Rights:

You are permitted to use content delivered to you
through the Services only in connection with the Services.  You acknowledge and agree that MX and/or its
licensors or suppliers own all rights to the Site and the Services, the content
displayed on the Site and the Services including its “look and feel” (e.g.,
text, graphics, images, logos and button icons), photos, editorial content,
notices, and other Intellectual Property Rights, made available to you as a
part of or in conjunction with the Services.
You are only permitted to use any of the foregoing as expressly
authorized by these Terms.  MX, and all
other names, logos, icons and marks identifying MX’s products and services are
MX’s trademarks and may not be used without our prior written consent.  You may not remove or alter any trademark,
logo, copyright or other proprietary notices, legends, symbols or labels on any
portion of the Services.

User Risks:

MX acts solely as an operator of the Services for your
convenience and use of the Services, and any reliance by you upon any content
or information available to you through the Services (the “Materials”),
including any action taken by you because of such use or reliance, is at your
sole risk.  Neither MX nor any of its
affiliates, third-party providers, partners, licensors, employees, distributors
or agents is responsible or liable for, or makes any representations or
warranties as to the following, without limitation:

    1. Any
      representations, promises, recommendations or inducements that may be made
      by or through any party (including vendors) found at, on, through or from
      the Services;
    1. The timeliness,
      accuracy, reliability, completeness, legality, copyright compliance or
      decency of the Services or any Materials;
    1. Any
      inaccuracy, omission, error or delay in the Services or any Materials;
    1. Non-performance
      of or interruption to the Services or any Materials due to, without
      limitation: (i) any act or omission by any disseminating party,
      (ii) any force majeure or any other cause beyond the control of any
      disseminating party, or (iii) outages, transmission quality or
      malfunctions of telephone circuits or computer systems, including any
      defects or failures with respect to your software, computer systems or
      Internet access provider;
    1. The quality of
      the Services or any Materials (including the results to be obtained from
      use of them); or
  1. Any loss
    resulting from, including any unauthorized access by a third party,
    arising out of or related to your access and/or use of or interaction with
    the Services or the Materials.

Modifications:

MX reserves the right to modify or discontinue,
temporarily or permanently, the Services with or without notice to you.  Such modifications may include establishing
or changing limits concerning use of the Services, temporarily or permanently,
including (i) any features, licensing terms, or other characteristics of
any version of the Services that it releases, (ii) the amount of storage
space you have on the Services at any time, and (iii) the number of times
(and the maximum duration for which) you may access the Services in a given
period of time.  We reserve the right to
make any such changes effective immediately to maintain the security of the
system or Account Information or to comply with any Laws.  You may reject changes by discontinuing use
of the Services to which such changes relate.
Your continued use of the Services will constitute your acceptance of
and agreement with such changes.  User
access and use of the Services may be interrupted from time to time, including
due to the malfunction of equipment, periodic updating, maintenance or repair
of the Site and/or the Services or other actions that MX, in its sole
discretion, may elect to take.
Maintenance upon the Services may be performed from time to time
resulting in interrupted service, delays or errors in the Services.  MX shall not be liable to you or any third
party should we exercise our right to modify or discontinue the Services.

Cancellation:

You may cancel your MX registration at any time by
sending a request for cancellation to MX support at tech.support@mx.com. Upon confirmation
of your request, your MX account will be cancelled and no longer be accessible
from our primary production servers, and your access to the Services will be
terminated.  Some of your information may
remain stored within the Services after account deletion for recordkeeping
purposes.

MX may at any time
terminate your access to the Services for any reason, including:

    1. you have
      breached any provision of these Terms (including the MX Privacy Notice, or
      have acted in a manner which shows you do not intend to, or are unable to,
      comply with the provisions of these Terms and/or the MX Privacy Notice);
    1. MX is required
      to do so by Law (for example, where the provision of the Services to you
      is, or becomes, unlawful);
    1. a partner with
      whom MX offered the Services to you has terminated its relationship with
      MX or ceased to offer the Services to you;
    1. MX is
      transitioning to no longer providing the Services to users in the country
      in which you are resident or from which you use the Services;
    1.  You have not logged into your account
      and/or the Services for thirty or more continuous days; or
  1. the provision
    of the Services brought to you by MX is, in MX’s sole opinion, no longer
    commercially viable.

Export
Restrictions:

The Services and underlying information, software and
technology are subject to U.S. export controls.
None of the Services or underlying information, software or technology may
be downloaded or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, North Korea, Iran, Sudan, Syria or any other
country subject to U.S. sanctions applicable to the export or re-export of
goods; or (ii) to anyone on the U.S. Treasury Department’s List of
Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce
Department’s Denied Persons List, Unverified List, Entity List, or
Nonproliferation Sanctions List.  By
using the Services, you agree to the foregoing and you represent and warrant
that you are not located in, under the control of, or a national or resident of
any such country or on any such list, and that you acknowledge you are
responsible to obtain any necessary U.S. government authorization to ensure
compliance with U.S. law.

Use by the
U.S. Government:

The Services provided under these Terms are a
commercial item, as defined in FAR 2.101; specifically, one or more commercial
computer software programs developed exclusively at private expense, used for
nongovernmental purposes, and licensed to the public.  Any use by the U.S. Government of the
Services shall be in accordance with this Agreement, as stated in FAR
12.212.  If the U.S. government is deemed
to have use rights under FAR 52.227 or DFARS 227, all use, duplication, and
disclosure by civilian agencies of the U.S.
Government shall be in accordance with FAR 52.227-19, and all use,
duplication and disclosure by Department of Defense agencies is subject solely
to the terms of this Agreement, as stated in DFARS 227.7202.  The manufacturer of the Services is MX
Technologies, Inc., whose corporate headquarters is located at 3401 North
Thanksgiving Way, Suite 500, Lehi, Utah 84043 and whose telephone is (801)
669-5500.

Feedback:

You have no obligation to
give MX any suggestions, enhancement requests, recommendations, comments or
other feedback (“Feedback”) relating to the Services.  To the extent we receives any Feedback from
you, we may use and include any Feedback that you choose to voluntarily provide
to improve the Services or any other related technologies.  Accordingly, if you provide Feedback, you
agree that such Feedback will become MX’s proprietary information and MX and
its affiliates, third-party providers,
partners, employees, distributors, agents and other authorized entities may freely use, reproduce, license,
distribute, and otherwise commercialize the Feedback in the Services or other
related technologies.

Communication:

We will communicate
with you by email, text or by posting notices on the Site or through the
Services.  You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communication be in
writing.  Electronic
alerts will be sent via text, email or notification through the Services (in
the case of email and text, to the email address or phone number you provided
when registering for the Services).  Your
consent to receive communications electronically is valid until you revoke your
consent notifying us of your decision to do so.
If you revoke your consent to receive communications electronically, we
may terminate your right to use the Services.

You understand and agree that any alerts provided to
you through the Services may be delayed or prevented by a variety of
factors.  While MX will use commercially
reasonable efforts to provide timely and accurate alerts, we neither guarantee
the delivery or accuracy of the content of any alert.  You agree that MX shall not be liable for any
delays, failure to deliver, or misdirected delivery of any alert; for any
errors in the content of an alert; or for any actions taken or not taken by you;
or any third party reliance on an alert.
Automatic alerts may be sent to you updating you to certain changes to
your account.  Voluntary alerts may be
turned on by default.  Voluntary alerts
may then be customized, deactivated or reactivated by you.

If you request customer service or other assistance
from MX, you acknowledge and agree that MX is authorized to access and view
your Account Information to provide such assistance and support.

Endorsements:

All products and service marks contained on or
associated with the Services that are not MX marks are the trademarks of their
respective owners.  References to any
names, marks, products or services of third parties or hypertext links to
third-party sites or information do not constitute or imply MX’s endorsement,
sponsorship, guarantee or recommendation of the third party, information,
products or services.

Disclaimers of
Warranties:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR
USE OF THE SERVICES, THE SITE, AND ALL INFORMATION, PRODUCTS, SERVICES, AND
OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM
THE SERVICES OR THE SITE IS AT YOUR SOLE RISK; (b) THE SERVICES, THE SITE,
AND ALL CONTENT AND PRODUCTS ASSOCIATED WITH MX ARE BEING PROVIDED “AS IS” AND
“AS AVAILABLE”; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, its affiliates, and our and their respective
third-party providers, partners, licensors, employees, distributors and agents
DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES AND ANY
THIRD-PARTY SERVICES, IN WHOLE OR IN PART, INCLUDING (i) ANY IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, FUNCTIONALITY,
TITLE AND NON-INFRINGEMENT, (ii) REPRESENTATIONS AND WARRANTIES THAT THE
SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE SECURE, THAT THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR
OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES WILL MEET YOUR
EXPECTATIONS OR REQUIREMENTS, AND THAT ANY ERRORS IN THE TECHNOLOGY WILL BE
CORRECTED, (iii) REPRESENTATIONS AND IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING AND COURSE OF PERFORMANCE, (iv) ANY WARRANTY, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COMPREHENSIVENESS,
COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES OR
THIRD-PARTY SERVICES, IN WHOLE OR IN PART, (v) ANY WARRANTY THAT THE
SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, VIRUS-FREE OR ERROR-FREE, AND
(vi) WARRANTIES RELATED TO THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE CORRECTION OF DEFECTS IN THE SERVICES, OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE; (d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND/OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK; (e) YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THIRD-PARTY SERVICES; AND (f) THE CURRENT STATE OF THE SITE AND THE SERVICES DOES NOT ALLOW FOR ERROR-FREE USE OF THE SERVICES AND THAT INTERRUPTIONS, CRASHES, DOWNTIME AND DELAY IN SERVICES MAY OCCUR.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MX THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations on
Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MX, its affiliates, and our and their respective third-party providers, partners, licensors, employees, distributors and agents SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PECUNIARY LOSS ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE SERVICES; ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES, INCLUDING ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION IN YOUR USE OF THE SERVICES; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR THE SERVICES; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS THROUGH THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SERVICES.

THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MX AND YOU.  MX WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS.  THIS LIMITATION OF DAMAGES IS AGREED TO BY YOU AND MX AND SURVIVES A FAILURE OF ITS ESSENTIAL PURPOSE.  SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification:

You agree, at your expense, to defend, indemnify, hold harmless, protect and fully compensate MX, its affiliates, and their respective officers, directors, employees, consultants, agents, distributors, partners, licensors and third-party providers from any and all claims, liability, damages, losses, expenses and costs (including attorneys’ fees) caused by or arising from (a) a third-party claim, action or allegation of infringement based on your use of the Service or information, data, files or other content you submitted or uploaded; (b) any fraud, manipulation, or other violation of Law by you; (c) a breach of these Terms by you; (d) your acts or omissions; or (e) any third-party claim, action or allegation brought against MX arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.  For the avoidance of doubt, if you are a business entity, your obligations hereunder shall extend to indemnification based on the acts and omissions of your employees, consultants and agents.

No Waiver:

MX shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by MX.  No delay or omission on the part of MX in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.  A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.

Exclusive
Agreement:

You agree that these Terms are the complete and exclusive agreement between you and MX.  These Terms supersede any proposal or prior agreement, oral or written, and any other communications between you and MX relating to the subject matter of these Terms.  These Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and MX.

Miscellaneous:

You agree and acknowledge that if you breach these Terms, MX may have no adequate remedy at law and will suffer irreparable harm as a result of such a breach and will therefore be entitled to injunctive relief without the obligation of posting a bond.

The titles and headings of these Terms are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in these Terms shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by Law.  All covenants, agreements, representations and disclaimers as to warranties and limitations on liability made in these Terms shall survive your acceptance of these Terms and the termination of these Terms.

MX may modify these Terms, at any time and without notice to you, by delivering such amended terms to the email address you provide to MX at the time of registration or that you subsequently updated, or by posting updated Terms on the Site.  You manifest your acceptance of such amended terms if you continue to use or access the Services after such amended terms have been delivered to you by email or posted.  If you do not agree with such amended terms, your only remedy is to discontinue your use of and access to the Services pursuant to these Terms.  Otherwise, these Terms may not be amended except in writing signed by MX and you.

For all purposes of these Terms, except as otherwise expressly provided or unless the context otherwise requires:  (i) the terms defined herein include the plural as well as the singular and vice-versa; (ii) all headings are for convenience only and shall not affect the interpretation or construction of these Terms; and (iii) the words “including,” “included” and “includes” mean inclusion without limitation.

Choice of Law
and Forum for Disputes:

By visiting or using the Site and/or the Services, you agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern these Terms.  To the extent that these Terms conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by Law.  You agree that any claim or dispute of any sort that might arise between you and MX, its officers, directors, employees, agents or affiliates must be brought in Salt Lake County or Utah County, Utah, subject to applicable jurisdictional requirements in any such action or proceeding.  You irrevocably waive any objection to such venue.  You understand that, in return for your agreement to this provision, MX is able to offer the Services as these Terms designate and that your assent to this provision is an indispensable consideration to these Terms.

You also acknowledge and agree that, with respect to any dispute with MX, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services or these Terms: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.

Contact
Information:

MX Technologies,
Inc.
3401 North Thanksgiving Way, Suite 500
Lehi, Utah 84043
tech.support@mx.com

PART VI: Definitions

Certain terms used in this Agreement are defined in the portion of this Agreement where they are used. The following terms are also used throughout this Agreement and have the meanings indicated below, unless otherwise specified in a particular section of this Agreement:

“Account(s)” means any Deposit Account(s) and/or Credit Account(s) that you may have with us.

“Account Agreement(s)” means the terms and conditions of any Credit Account Agreements, Deposit Account Agreements, Fee Schedule, and any other agreements, security instruments, disclosures, or other documents regarding your Credit Accounts and/or Deposit Accounts that you may have with us, each as may be amended from time to time.

“Agreement” means all terms and conditions defined in this Radius Bank Online Banking Services Agreement.

“Applicable Law” means federal laws and regulations and, to the extent not preempted by federal law, the laws of the Commonwealth of Massachusetts.

“Available Funds” means the balance in a Deposit Account, which includes collected funds on deposit plus any overdraft credit line balance associated with the Deposit Account.

“Bill Payment Service” means the online bill payment service offered by Radius Bank and any associated Service Provider as described in Part I of this Agreement.

“Business Day” means every Monday through Friday, excluding Bank holidays. Saturday and Sunday are not Business Days for purposes of this Agreement, even if Radius Bank is open for any business on such days.

“Computer” means your computer or other Internet access device, any software, and the related equipment.

“Consumer” means a natural person that uses the Service for personal, family or household purposes.

“Credit Account(s)” means any line of credit, loan, mortgage, or other applicable open-end or closed-end credit that you maintain with us.

“Credit Account Agreement(s)” means collectively and as applicable, except as otherwise indicated in this Agreement, the promissory notes, credit agreements, mortgages, and any other documents, disclosures, or agreements that you execute or otherwise agree to that establish your rights and responsibilities under, and otherwise provide the terms and conditions of, your Credit Accounts with us.

“Cut-Off Time” means, for purposes of the Bill Payment Service, the time of day that Payments to be processed that day shall be processed, after which time the earliest possible Payment Date or Withdraw On Date and Due Date or Deliver By Date shall be calculated from the next Business Day.

“Deposit Account(s)” means any checking account, money market deposit account, savings account, certificate of deposit, or other eligible deposit account you may have with us.

“Deposit Account Agreement(s)” means collectively and as applicable, except where otherwise indicated in this Agreement, the Bank’s Personal Deposit Account Agreement and its Business Deposit Account Agreement and associated Fee Schedule and agreements governing certificates of deposit, each as amended from time to time. Information regarding the balance requirements and interest that may be earned on interest-bearing deposit account(s) may be found in your Deposit Account Agreements and related disclosures.

“Due Date” or “Deliver By Date” or “Delivery Date” means, for purposes of the Bill Payment Service, the Business Day on which you schedule the Payment to be delivered to your Payee, unless this date falls on a non-Business Day, in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date you determine to be most appropriate to deliver payment to your Payee, considering such factors as the Payee-specified date payment due, grace period, late payment policy or late fee, and/or your knowledge of actual time required for the Payee to receive and process the payment and to credit your account with the Payee, and/or the urgency/criticality of payment delivery, as the case may be.

“Electronic Funds Transfer” (or “EFT”) are used as defined in the Electronic Funds Transfer Act and Bureau of Consumer Financial Protection Regulation E to mean an electronic transfer of funds initiated by a computer or similar device to or from a consumer’s Deposit Account, such as transfers through Online Banking, including the Mobile Banking Service.

“Enrollment Form” means your electronic “Auto Enroll” acceptance or paper enrollment form accepted by us that designates those of your Accounts that you wish to access using Online Banking and such additional services, including the Bill Payment Service or e-Statements Service, that you request to use and we may approve from time to time.

“eStatements” means the online service offered by Radius Bank permitting you to view your current Account statements for your Radius Bank Accounts on a secure website as described in Part I of this Agreement.

“Fee Account” means, for purposes of the Bill Payment Service, the checking or similar Account designated by you and from which we may automatically debit or otherwise collect all Bill Payment Service fees.

“Fee Schedule” means, at any given time, our then current Service & Account Schedule of Fees applicable to the Deposit Account(s) opened by you and maintained with us, as well as those applicable to the Service. “Radius”, “we”, “our”, “us” or “Bank” refers to Radius Bank.

“Funding Account” means, for purposes of the Bill Payment Service, the checking or similar Account designated by you and from which we may debit or otherwise collect the funds necessary to remit the Scheduled Payment to the corresponding Payee, per your instructions.

“Internal Transfers” means electronic transfers of funds between your eligible Accounts at Radius Bank. “Losses” means any and all kinds of claims, fines, penalties, fees, costs, expenses, damages and liabilities including (without limitation) attorneys’ fees and litigation costs.

“Merchant” means, for purposes of the Bill Payment Service, any business Payee that you establish within the Bill Payment Service for whom the Service Provider has established a business relationship expressly for the purpose of remitting Payments from the Bill Payment Service.

“One-Time Payment” means, for purposes of the Bill Payment Service, a Scheduled Payment that results in a single payment delivered to the Payee per your instructions.

“Online Banking” or the “Service” means the online banking service available from Radius Bank as described in Part I of this Agreement.

“Payee” means, for purposes of the Bill Payment
Service, the individual, business or other entity to which you intend to send a payment through the Bill Payment Service and for which you accurately provide and maintain the appropriate or required information such as name, bill remittance / payment delivery address, phone number, account number and account holder name; and to whom you authorize us to remit payments on your behalf through the Bill Payment Service.

“Payee List” means, for purposes of the Bill Payment Service, your personalized list of Payees maintained within the Bill Payment Service from which you may select a Payee to receive a scheduled Payment.

“Payment” means, for purposes of the Bill Payment Service, the specific single instance of a One-Time Payment or a specific instance of a Recurring Payment, as the case may be.

“Payment Amount” means, for purposes of the Bill Payment Service, the monetary figure you specify in a Scheduled Payment, including the regular amount and the final amount of a Recurring Payment series, that the Bill Payment Service shall remit to the Payee.

“Payment Date” or “Withdraw On Date” or “Withdrawal Date” means, for purposes of the Bill Payment Service, the Business Day on which you schedule the Payment to be debited from your Funding Account, unless this date falls on a non-Business Day, in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date on which sufficient Available Funds must exist in the Funding Account.

“Privacy Policy” means our policy and disclosure regarding the personally identifiable information that we collect about you, and who we may share it with.

“Process Date” means, for the purposes of external transfers, the date that we originate transfer payments on your account. This is typically 1-2 business days prior to you receiving a
credit or debit on your account at another financial institution.

“Recurring Payment” means, for purposes of the Bill Payment Service, a Scheduled Payment that results in a series of payments delivered to the Payee at regular intervals per your instructions, and shall continue to do so until you cancel it or until the maximum number of payments and/or final payment date that you specified is reached.

“Scheduled Payment” means, for purposes of the Bill Payment Service, the payment instructions you establish within the Bill Payment Service in order to properly direct funds from the Funding Account that you designate to the Payee that you designate.

“Service Provider” means, for purposes of the Bill Payment Service, any third party with whom we have contracted from to time to provide the Bill Payment Service.

“You” or “Your” means each Consumer that has enrolled in the Service. In addition, if you elect to receive Bill Payment Services or e-Statements, “you” and “your” refer to each person who accepts the Enrollment Form for those services or is otherwise authorized to use those services.

ACCEPTANCE OF AGREEMENT

By proceeding to use the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement and the terms and conditions associated with your use of the Service, including any Online Transactions you initiate through the Service.

IMPORTANT: PLEASE PRINT AND RETAIN THIS
AGREEMENT FOR YOUR RECORDS.