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Online Banking Agreement Please read this Agreement and Disclosure carefully and keep a copy for your records. By clicking the Accept button at the bottom of this agreement you agree to the terms and conditions set forth herein.

  1. General Information. This System will enable you to access account information such as balances and recent history and enable you to transfer funds for each account for which you are granted access.

  2. Account Balances & Transfers. Account balance information available through the System may not reflect all transactions affecting the account. Transactions, including transfers in payment of indebtedness owed to Bank, are displayed in real-time, meaning that a transaction is displayed instantaneously to Customer and recorded in Bank’s mainframe computer. Nevertheless, recorded transactions initiated before 11:00 p.m. are processed and the books of Bank are updated the following morning, Monday through Friday, between the hours of 2:00 a.m. and 6:00 a.m., (except on bank holidays). While every effort is made to provide up-to-date data, Bank’s processing schedule makes it impossible to guarantee current data is always displayed on the System.

  3. Stop Payments. Any order of you to stop payment of a check to Bank by use of Bank Now! Online must include the following information: the date of the check, the amount of the check and/or the complete check number. In connection with any such order, you agree to hold Bank harmless for the amount of the check as well as for all costs or damages Bank may incur or suffer by refusing payment of the check. Furthermore, you agree that Bank will act upon any such order and will be bound by it only in accordance with the following provisions: (i) although it may not appear at the time of the order that the check has yet been paid or certified, it may have been, in which event the request is not effective; (ii) the order does not affect rights which others, including Bank, may acquire with respect to the check; (iii) Bank will rely on the correctness of the description of the check furnished by you with the order. (iv) payment of any check which is not correctly and completely described by the information furnished by you will not be in violation of the order; (v) the effectiveness of the order will expire without further notice from Bank 6 months after it is received by Bank, unless the order is renewed by you in writing in the form prescribed by Bank or by use of Bank Now! Online; and (vi) Bank will charge your account the current amount of Bank's stop payment fee immediately upon processing your stop payment order.

  4. Check Images. First National Bank Alaska shall make available images of cleared checks online on the current and previous statements. This service is provided as a convenience to our online customers. To review an image of your check, simply click on the check number hyperlink. The first ten (10) images viewed (one image = front + back) in any one calendar month will be free of charge; then a charge of eight cents (.08¢) shall be assessed for each image in excess of ten (10) viewed thereafter in that same calendar month. This fee will be charged on the last banking day of each calendar month to the account provided during First Time Log In. If you wish not to be charged for this service simply do not click the check number hyperlink.

  5. Application. The System is available only to customers of the Bank currently receiving personal account statements. Once logged on to the System by using your established Bank Now! By Phone password, for your protection you will be prompted to change your access ID and password to ones of your own choosing and to establish a site key, security phrase and security questions and answers. Each time you log into the System thereafter, the System will display the site key and security phrase to enable the you to verify a legitimate connection to the System. Additionally, the System will verify if the connection is from a known IP address and if not, will pose one of the security questions. Your password, site key, security phrase and security questions and answers are for your use only, and should never be given to anyone. If you feel your password has been compromised, you should notify the Bank immediately at 777-4362 or 1-800-856-4362.

  6. Limitation of Liability. The Bank takes reasonable security precautions in storing and transmitting private data communications. However, the Bank cannot guarantee the System and/or your accounts will be 100% secure from access by unauthorized users. Your use of the supplied access ID and temporary password indicates your understanding and agreement that the Bank is not liable for any claim, loss, cost, or expense resulting from interception of, or other unauthorized access to, any such data communication. You understand and agree the Bank is not liable to you for any direct, indirect, consequential, special, or punitive damages or losses whatsoever you may incur in connection with the use of the System, or with any of the data or other materials transmitted through or residing on the System even if the Bank has been advised of the possibility of such damage or loss. This includes, but is not limited to, the loss of data or any other loss resulting from delays, nondeliveries, or service interruptions of any nature whatsoever.

  7. NO WARRANTIES. THE BANK MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF THE INFORMATION OR SERVICES IT IS PROVIDING HEREIN, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF ANY INFORMATION OR DATA OBTAINED BY WAY OF THE SYSTEM IS AT YOUR OWN RISK. THE BANK IS NOT RESPONSIBLE FOR ANY CHARGES YOU MAY INCUR THROUGH YOUR ACCESS TO THE INTERNET. IN NO EVENT IS THE BANK LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY FROM ANY USE OF OR DEFECT IN THIS INTERNET SERVICE OR ANY OTHER BANK ELECTRONIC SERVICE, UNLESS EXPRESSLY STATED IN THIS AGREEMENT.

  8. Use restricted to Lawful Purposes. You agree you will use the System only for lawful purposes. You understand you are not permitted to, and agree not to, transmit any material in violation of any federal, state, local, or foreign law.

  9. Right to Refuse Service. The Bank reserves the right to refuse service to anyone. The Bank further reserves the right to deny access to, or to close, any account which, in the sole opinion of the Bank, is causing or may cause harm to the Bank's server or to any other Bank service or system. The Bank, in its sole discretion, may terminate the Service, or your access to it, at any time without notice. The Bank may choose to make reasonable efforts to notify you of such an action taken by the Bank; however the Bank is not bound by this agreement to do so.

  10. Partial Invalidity. If any provision of this Agreement is ruled invalid or unenforceable, you agree the remaining provisions will continue in full force and effect. This Agreement is governed by and interpreted under the laws of the State of Alaska, without regard to its conflict of laws principles, as if this Agreement were entered into and performed completely in Alaska. You agree all lawsuits relating to this Agreement or the System shall be brought in Alaska State Courts located in the City of Anchorage.

  11. Acceptance; Changes. By clicking the “Accept” button at the bottom of this agreement you constitute your acceptance of all terms and conditions contained herein. The Bank reserves the right to change any of the terms or conditions of this Agreement at any time. Any required notice of change will be published on the System. The continued use of the System will indicate your acceptance of such changes, and that any new terms and conditions will supersede and prevail against any and all previous representations or agreements, not withstanding any variance with the terms and conditions of this Agreement. After your System access has been granted, if you do not want to be bound by the terms of this Agreement, or by any subsequent changes to these terms, please contact the Bank immediately at 777-4362 or 1-800-856-4362 in order to cancel your System access.

  12. Headings. The headings contained within the paragraphs are for the convenience of the reader and not determinative as to the content of the provision.

  13. Entire Agreement. This Agreement is the sole agreement between you and the Bank governing your use of the System. It is expressly understood there are no oral agreements or understandings between you and the Bank which will be deemed to extend, restrict or otherwise supersede the exact terms of this Agreement.

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(REV 4/13)