Please read this agreement carefully before you enroll with Tri-County Bank's NetBANKING. This user agreement outlines the terms and conditions of using NetBANKING, including the access requirements, fees and charges, security issues, terms and conditions, etc. By enrolling with Tri-County Bank's NetBANKING, you are agreeing to the terms and conditions described in the user agreement. 1. INTRODUCTION This agreement and disclosure sets forth your and our rights and responsibilities concerning the use of Tri-County Bank's NetBANKING Products and Bill Pay service (effective July 1, 2006). In this agreement, the words "you" and "your" mean those who sign as applicants or any authorized user(s). The words "we", "us" and "our" mean Tri-County Bank. By using NetBANKING and/or Bill Pay services (when available), you agree to all of the terms in this agreement. 2. ACCESS REQUIREMENTS To subscribe to Tri-County Bank's NetBANKING, you must have the following: • At least one eligible account with Tri-County Bank. Eligible accounts include: *Checking Account (you must have at least one checking account to use the Bill Pay Service); *Savings Account; *Money Market Account; *CDs (balance only, no transactions); *IRAs (balance only, no transactions); *Credit Line Checking Services (balance only, no transactions); *Installment Loans; *Lines of Credit • A computer and related equipment capable of connecting to the Internet. • A connection to the Internet (World Wide Web) through an Internet Service Provider. • All software required to connect to the Internet, including operating systems, connection software and browsers such as MicroSoft Internet ExplorerTM or Netscape NavigatorTM, should be capable of at least 128-bit SSL encryption. Such software is available for purchase at most computer stores or through Internet downloads when upgrading to a current version of the software. * You are responsible for the installation, maintenance, and operation of your PC and your software. The risk of error, failure, or nonperformance is your risk and includes the risk that you do not operate your PC or your software correctly. Tri-County Bank is not responsible for any errors or failures from any malfunction of your PC or your software. Tri-County Bank is not responsible for any PC virus related problems that may be associated with the use of the Tri-County Bank's NetBANKING system. Tri-County Bank shall have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your PC or your software. Tri-County Bank MAKES NO WARRANTY TO YOU REGARDING YOUR PC OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. To subscribe to Tri-County Bank Bill Pay service, you must have the following: • Must have at least one active checking account with Tri-County Bank. Payments can only be made from checking accounts. Money Market accounts, savings accounts, and other account types cannot be used for Bill Pay; • Must be enrolled in Standard NetBANKING before enrolling in Bill Pay; • Must have a browser capable of supporting 128-bit encryption. This is enforced as a security benefit to customers. • Must have a valid Internet email address. You may have given your email address during enrollment in Standard NetBANKING. If not, then you may enter it during your Bill Paying enrollment. An email address is required so that Tri-County Bank can notify you via email if there are problems in making a payment on your behalf. 3. ONLINE BANKING FEATURES At the present time you may use the Tri-County Bank NetBANKING system to: • View current and available balance for accounts eligible within NetBANKING. The current balance indicates the balance of the account at the time the account was processed on the last business day. Available balance indicates the available funds in the account, as of the last time the information was read from the bank's system. The NetBANKING system will display the date the available balance was last read. • Balance information may not reflect outstanding checks, recent debit card or ATM transactions or recent online transfers. Balances may also be subject to a hold (written notice of when it was placed should have been received). Online transaction history for accounts include current transactions and a previous statement; you may need to refer to a previous statement mailed to you for further account history. • Transfer funds between your eligible Tri-County Bank accounts. • Search for transactions based on dates. • You may use Tri-County Bank Bill Pay service to pay bills to any merchant with a valid U.S. address. 4. SECURITY Overview: Your transactions truly are safe. We provide continuous monitoring and auditing of all transactions originating from or outbound to the Internet. We operate within all the rules and regulations of the banking and financial industry for Internet commerce. We are committed to working with our communications providers to produce the safest operating environment possible for our customers and will take advantage of evolving security enhancements. Tri-County Bank works with the leading technology partners to provide the most secure environment possible for worry-free online banking. You can be assured of the following security measures: • Data is encrypted as it travels to and from your PC. Our system supports 128-bit SSL encryption - 128-bit encryption is the highest-grade encryption widely used in commercial and electronic commerce applications. This means unauthorized individuals cannot decipher your sensitive financial information. • User Ids and Personal Identification Numbers (PIN) are not stored on our bank's computer, but stored offsite with secured firewalls, separate from your account information and isolated from the Internet, where they cannot be accessed or downloaded by anyone on the Internet. • Automatic lockout occurs after 3 consecutive invalid attempts to log into the system. Upon the third unsuccessful login, the User ID is locked, and no access will be allowed. Bank personnel may unlock an account and reset the PIN for a user. In such cases, the User may log in with the new PIN and will be forced to change the PIN immediately, as the system will view this as an initial access. • System Session Timeout will automatically sign the customer off after a 10-minute period of non-use. By automatically disabling your session after the 10-minute time limit, the system will help avoid unauthorized use of your accounts if you leave computer unattended. • Firewalls isolate our network so it is not connected directly to the Internet. A firewall is a software and hardware product that defines, controls and limits the access that "outside" computers have to our system. Use of the firewall allows only authorized bank customers or administrators to send or receive transactions through it. Accessing NetBANKING: A User ID and temporary PIN is sent to you after you complete the enrollment process. This will then allow you to access the Tri-County Bank's NetBANKING. You will be required to change the temporary PIN upon successfully logging on to the system for the first time. Use of the User ID and PIN is the agreed security procedure between you and Tri-County Bank. Keep your User ID and PIN confidential in order to prevent unauthorized use and possible loss to your accounts, and to prevent unauthorized use of Tri-County Bank's NetBANKING. Anyone to whom you give or disclose your User ID and PIN will have full access to your accounts, even if you attempt to limit that person's authority. Tri-County Bank is committed to the security of its customers' accounts and account information. Similarly, you must take every precaution to ensure the safety, security, and integrity of your accounts and transactions with Tri-County Bank's NetBANKING. The following guidelines should assist you in these efforts: • Your PIN should be a 4-digit Alphanumeric code. • Do not use personal information that is easy to guess, such as your street number, your birthday or a family member’s birthday, your driver's license number, etc. Also, do not use information from any documents that you carry on your person, such as your social security card or credit cards. • Memorize your PIN. Do not write it down or reveal it to anyone. • You can change your PIN as often as you would like, but the NetBANKING system will require you to change every 90 days. • Do not send your User ID or PIN, or any other privileged account information over any public or general email system. • If you forget your User ID and PIN, you must contact Tri-County Bank's NetBANKING Administrator to have them reset. (Telephone us at 888-632-7004, or locally at 307-778-0021, or write us at PO Box 2308, Scottsbluff, NE 69363-2308. The reset is effective as of the next time you log into the system). Other Important Security Issues: 1.) Log off of NetBANKING as soon as you are finished. Use the "Exit" button available on every screen within NetBANKING. 2.) Do not leave your account information out in an open area accessible by others, including on your PC screen (always use the NetBANKING system Exit button when leaving your computer). 5. TERMS AND CONDITIONS By accessing Tri-County Bank's NetBANKING, you also agree to the following terms and conditions: Availability: You may use the NetBANKING service seven days a week, twenty-four hours per day. However, there are times when part or all of the system will be unavailable due to maintenance or technical difficulties. Fees and Charges: We do not charge for Standard NetBANKING features. Bill Pay are as follows: • For Consumer checking accounts - $2.95 monthly charge with 4 free payments and $ .40 charge per item over 4; or $4.95 monthly charge with 20 free payments and $ .40 charge per item over 20; • For Ambassador Club members and Professional & Executive accounts $2.95 monthly charge with 20 free payments and $ .40 charge per item over 20; • For Business accounts, $8.95 monthly charge with 20 free payments and $ .40 charge per item over 20; • A stop payment request for a check sent to a payee is $12.00. NOTE: No fee will be assessed to your account if you delete the payment instruction before 2:00 PM MSTon the scheduled payment date. Bill Pay fees will be deducted monthly from the default checking account you selected during Bill Pay enrollment. The fee will be debited when the features are used by the customer. Your Internet Service Provider may charge separate fees for the Internet connection. You may also incur telephone connection charges for your connection time to the Internet. Those fees are your responsibility. Change of Terms: We reserve the right to change the terms of this agreement at any time. We will inform you of any changes to the extent it is required by applicable law. Unless stated, changes are effective immediately. Your continued use of our NetBANKING and/or Bill Pay services means that you agree to the change. Otherwise, if you disagree with a change you may terminate use of NetBANKING and/or Bill Pay services with us. Confidentiality: You authorize Tri-County Bank and each of its affiliates to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided or that we or our affiliates have obtained about your accounts and the transfers you make: • Where it is necessary to complete transfers. • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant. • In order to comply with laws, regulations or government agency or court orders. • If we arrange with another party to provide part of the Internet services, or if another party provides the products or services that you request using the Internet services. • In other instances, if you give us your permission. Cancellation: You may cancel Standard NetBANKING service or the Bill Pay service (when available) at any time. Telephone the NetBANKING Administrator at 888-632-7004, or locally at 307-778-0021, or write to: NetBANKING Administrator, PO Box 2308, Scottsbluff, NE 69363-2308 and ask to cancel the service for you. Any applicable Bill Pay fees will be equal to the previous month's fees and will be assessed to the default Bill Pay checking account. • You agree that we may terminate this agreement if: 1.) You or any authorized user of your User ID and PIN breaches this or any other agreement with us; 2.) We have reason to believe that there has been an unauthorized use of your account or User ID/PIN; 3.) We notify you or any other party to your account that we have cancelled or will cancel this agreement. Termination of service will be effective the first business day following receipt of your written notice. Termination of the agreement will not affect the rights and responsibilities of the parties under this agreement for transactions initiated before termination. You must be enrolled in Standard NetBANKING to use the Bill Pay service. If you cancel Standard NetBANKING, then you understand that Tri-County Bank will also cancel the Bill Pay service. In that case, all bills scheduled to be paid through the Bill Pay service will not be paid. You will also lose all payee information configured within the system upon cancellation. If you cancel the Bill Pay service, Tri-County Bank will automatically delete all of your outstanding bill payments from the system after we receive your cancellation request. Tri-County Bank reserves the right to cancel NetBANKING and the Bill Pay service at any time without prior notice if you have insufficient funds in one of your accounts used to settle a funds transfer or bill payment. If you do not access Standard NetBANKING for a period of 90 days, Tri-County Bank reserves the right to cancel the service on your behalf. If you are enrolled in the Bill Pay service and you do not schedule or pay a bill for a period of 90 days, Tri-County Bank reserves the right to remove you from the Bill Pay service. 6. NetBANKING NetBANKING Account Transfers: You may use the NetBANKING system to transfer money between eligible accounts you have with us. If you authorize an online transfer before 5 PM (MST), the transfer is posted to your account that day and can be viewed within NetBANKING the following business day (a business day is Monday through Friday, not including federal banking holidays). If you initiate an online transfer after 5 PM (MST) on a business day or any time on a Saturday, Sunday or bank holiday, the transfer is posted to your account on the next business day and can be viewed within NetBANKING the business day after. We may, but are not required to, make any transfer if you do not have a sufficient balance on the date you request the transfer or the date on which it is scheduled to be made. If we do make the transfer, you agree to reimburse us for the amount of the overdraft. You also understand that we may deduct the amount of the overdraft from any other account you, along or with others, have with us. We will attempt to inform you if a transfer is not made, but we are not required to do so. Limitations: Any applicable limitations on transfers that apply to your deposit account(s) remain in effect (and transfers using NetBANKING will count as transfers for those purposes). For security reasons, there may be limitations (in addition to those referenced above) on the frequency and dollar amount of the transfers you may make using NetBANKING. Information about products and services, which you do not already have with us, is provided for informational purposes only. This should not be considered as an offer to make those products and services available to you. No Signature Requirement: When any payment or other NetBANKING service generates items to be charged to your account, you agree that we may debit the designated account without requiring your signature on the item and without any notice to you. Business Days: Our business days are Monday through Friday, not including federal banking holidays. Statements: Transfers and fees will be reflected on the regular monthly account statements that we mail to you. Please continue to review those statements. NetBANKING customers may also review these items on their account summary screens. If your statement shows an incorrect or unauthorized transaction, you agree to notify us immediately. If you do not give us written notice within 60 days after the date your monthly statement was mailed to you, the statement will be considered correct for all purposes and we will not be liable for any transfers reflected thereon. No legal proceeding or action may be brought against us to recover unauthorized or incorrect transfers unless thereon. No legal proceeding or action may be brought against us to recover unauthorized or incorrect transfers unless you: 1.) give us notice as provided above; 2.) commence the action or proceeding within one year after the date the statement on which the transfer was reflected. This paragraph is not intended to supersede rights you have and cannot waive under applicable law. See the section on Liability for Unauthorized Use. You agree to promptly notify us of any change in your address or telephone number. Third Party Products: We have provided access to other products and services through this web site, although this does not mean that we endorse any of them. Virus Protection: Tri-County Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. Accuracy of Information: Some information may contain technical errors, inaccuracies, omissions, typographical errors or become outdated. Due to changes in our products and services, certain terms and conditions or prices may also change at any time. This may occur without notice and not always be first updated on our Internet site. 7. BILL PAY Bill Pay allows you to schedule one-time or recurring payments to vendors with a valid U.S. address through the Internet Banking system. Enrolling in Bill Pay: After enrolling in Bill Pay, you must setup all payees in the system to which you wish to make payments. By furnishing Tri-County Bank with the names of your payees, you authorize us to follow the payment instructions that you have entered online for those payees. When we receive payment instructions from you, we will remit funds to the payee for you from the checking account you selected when setting up the payment. However, we are not obligated to make the payment unless your account has sufficient funds or credit availability to pay the bill on the date you scheduled for payment. Funds for all bill payments (whether these payments are made electronically or by check) will be withdrawn from your account on the day the payment is scheduled to be sent to the payee, or, if the scheduled date is not a business banking day, on the first business day thereafter. Bill Pay Accounts: You must have at least one active checking account with Tri-County Bank to use Bill Pay. Payments can only be made from active checking accounts that you have included in your Online Banking profile. Money market accounts, savings accounts, and other account types cannot be used to pay bills. Canceling or Changing Payments: You have the right to stop or change any scheduled payment. You must cancel the payment by no later than 1:00 AM (MST) OR 10:00 AM (MST) on the payment date by using the delete feature on the Bill Pay "Pending" Payments screen. After the 1:00 AM MST or 10:00 AM MST cutoff time on the scheduled date, you can still contact the Tri-County Bank's NetBANKING Customer Service Center 308-635-2073 or 888-632-7004 and request that the payment be stopped. If the payment is successfully stopped, you will be assessed a stop payment fee (see Section 4). This applies to each individual payment successfully stopped on your behalf. This fee will be deducted from the default checking account you designated upon Bill Pay enrollment. Note: Tri-County Bank cannot guarantee that a payment will be stopped once payment instructions have been issued and the 1:00 AM MST or 10:00 AM MST deadline was not met. Making Payments: You must allow sufficient time for the payments to reach the payee to avoid having the payment arrive late to the payee. To ensure timely payment, you must schedule payments at least a full five (5) days prior to the date the payment is due. A portion of the payments you schedule may be made by paper check and sent through the U.S. mail system. Therefore, it is important that you schedule payments five (5) business days in advance to ensure that the payment can be issued in time and travel to the payee through the U.S. mail system, if necessary. Tri-County Bank's Responsibility: If Tri-County Bank does not properly complete a bill payment on time or in the correct amount, we will pay any late fees or finance charges as long as your account was in good standing with the merchant prior to the incident. Tri-County Bank shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees. We will also not be liable if: • there are insufficient funds or credit availability in your designated payment account; • a legal order directs us to prohibit withdrawals from the payment account; • the payment account is closed or frozen; • there are delays in postal processing or delivery, or if the payment is lost in the mail; • the delay was due to processing delays by the payee; • Tri-County Bank's ATM network or any part of the electronic funds transfer system is not working properly. Tri-County Bank will not be liable for indirect, special or consequential damages arising out of the use of Bill Pay. Bill Payment Fees: Bill Pay fees are outlined in Section 5. You must specify a default payment account when enrolling in Bill Pay. You agree to pay all fees associated with Bill Pay, and authorize us to deduct the fees from the designated account. If you close this account, you agree to notify Tri-County Bank and select a new account from which you would like fees to be deducted. If the payment account has insufficient funds to cover fees, Tri-County Bank may deduct the fee from any other checking account linked to Online Banking (in any order we choose). If the fee cannot be paid, we may cancel Bill Pay. After cancellation, we may choose to reinstate Bill Pay at your request once sufficient funds are available in your account to cover all accrued bill payment fees and any other pending transfers or debits. Tri-County Bank reserves the right to terminate your use of Bill Pay at any time. 8. LIABILITY FOR UNAUTHORIZED USE Tell us AT ONCE if you believe your User ID and PIN have been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum Credit Line Checking-Overdraft Checking Services). If you tell us within two business days, you can lose no more than $50.00 if someone uses your User ID and PIN without your permission. If you do NOT tell us within two business day after you learn of the loss or theft of your User ID and PIN, you can lose as much as $500.00 (if we can prove we could have stopped someone from using your User ID and PIN without your permission, if you had told us). If your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods. If you believe your User ID and PIN has been lost or stolen, or that someone has transferred, or may transfer money from your account without your permission, call the NetBANKING Customer Service Center 308-635-2073 or 888-632-7004, or write to: NetBANKING Customer Service Center, PO Box 2308, Scottsbluff NE 69363-2308. DO NOT SEND NOTIFICATION OF LOST OR STOLEN USER ID AND PIN, OR UNAUTHORIZED TRANSFERS VIA EMAIL. 9. ERROR RESOLUTION PROCEDURES In case of errors or questions about your electronic transfers, telephone Tri-County Bank's NetBANKING Customer Service Center at 308-635-2073 or 888-632-7004, or write to PO Box 2308, Scottsbluff NE 69363-2308. Contact us as soon as you can if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. • Tell us your name and account number. • Describe the error, or the transfer you are unsure about, and explain clearly as you can why you believe it is an error or why you need more information. • Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation within 10 business days (5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. We will tell you the results within three 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. DO NOT SEND NOTIFICATION OF BILLING ERRORS VIA EMAIL. Our Liability: If we fail to complete an electronic fund transfer in time or in the correct amount, in accordance with this agreement and when properly instructed by you, we are liable for your losses or damages. However, there are some exceptions. We are not liable, for instance: • If, through no fault of ours, you do not have sufficient funds in your account to make the transfer. • If the funds are subject to legal process or other encumbrance restricting a transfer. • If the transfer exceeds the credit limit on your line of credit. • If there is a technical malfunction, which is known to you at the time you attempt to initiate the transfer or, in the case of a recurring transfer, at the time the transfer should have occurred. • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we take. • There may be other exceptions stated in our agreement with you. In no event are we liable for more than actual damages proved if any failure of ours was unintentional, and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid such an error. This does not mean that we accept liability for other circumstances resulting in transfers not being made or completed on time. For example, we are not responsible for delayed or failed transfers if: • You fail to use the NetBANKING services properly in accordance with this agreement and any online or other instructions supplied in connection with the services. • You do not request the transfer and schedule the payment date sufficiently in advance of the due date for the obligation you are paying. • You exceed applicable restrictions on the number, amount or frequency of transfers. • You fail to supply accurate information with regard to the persons you wish to pay (i.e. name, address and account number). • The person you wish to pay or their bank mishandles or delays posting the payment. • Your computer or software fails to operate correctly, or your instructions are lost or delayed in transmission to us. • A bona fide security consideration causes us not to make the transfer (i.e. User ID and PIN has been reported lost or stolen, we have reason to believe a transfer is unauthorized, or the transfer would violate other security restrictions in our system). • Your relevant deposit account is closed or services hereunder have been terminated or suspended.