iBank Terms and Conditions Agreement

Effective May 12, 2005

Please read and accept the MCNB Banks Online Banking Terms and Conditions Agreement and continue to the MCNB Banks Online Banking Application Form.

I. INTRODUCTION

II. ACCESSING YOUR ACCOUNT(S)

III. TERMS AND CONDITIONS

IV. GENERAL

V. LIMITS AND LIABILITIES

VI. OTHER PROVISIONS

VII. FEES AND CHARGES

I. INTRODUCTION
This agreement is a contract between you and MCNB Bank and Trust Co. (MCNB Banks) that outlines and governs the Terms and Conditions for accessing your personal and commercial accounts via MCNB Banks Internet Banking Service (iBank). This agreement explains the terms and conditions which govern the following iBank services.

• Account and Balance Inquiries
• Account Transfers
• Secure E-mail to Bank
• Stop Payments
• Transaction Downloads

By using the online banking services provided by MCNB Banks, you agree to abide by the terms and conditions of this agreement. All applicable federal laws and regulations will govern this agreement. In the event that no federal law applies, laws and regulations effective in the State of West Virginia will govern the agreement.

Some of the terms set forth in this agreement are governed by the Electronic Funds Transfer Act (EFT Act) which is only applicable to consumers. Commercial Account holders are not entitled to the rights provided under the EFT Act.

The term “business day” refers to Monday through Friday, excluding Saturday, Sunday and federal banking holidays.

II. ACCESSING YOUR ACCOUNT(S)

In order to activate iBank, you must have at least one checking, savings, certificate of deposit or loan account with MCNB Banks.

MCNB Banks is entitled to act on instructions received through iBank under your password and without inquiring into the identity of the person using that password. YOU SHOULD NOT, UNDER ANY CIRCUMSTANCES, DISCLOSE YOUR PASSWORD BY TELEPHONE OR IN PERSON TO ANYONE CLAIMING TO REPRESENT MCNB BANKS. BANK EMPLOYEES DO NOT NEED AND SHOULD NOT ASK FOR YOUR PASSWORD.

As a customer of MCNB Banks, you may access your accounts by selecting and using an online password and by paying any required monthly fees as described in this Agreement. You should keep your password in a secure location. Any person having access to your iBank password will be able to access the Online Banking Services and perform all transactions, including reviewing account information and making transfers to other accounts which have mutual ownership. You are liable for all transactions made or authorized using your password.

If, despite the Bank’s advice, you give your password to anyone, you do so at your own risk since anyone to whom you give your password or other means of access will have full access to your account(s) even if you attempt to limit that person’s authority.

You will be issued an initial access ID and password that will allow you to log on to iBank. The first time you log on to the online banking system, you will be required to change the initial password and select a password known only to you. You may also be required to change the initial access ID.

The Access ID you select may be any combination of alpha/numeric characters from six (6) to sixteen (16) digits.

• The password criteria is as follows:
  • Minimum Password Length: 8
  • Maximum Password Length: 16
  • Number of Numeric Characters Required: 2
  • Number of Alpha Characters Required: 2
• Passwords are case sensitive (must be entered exactly as input with upper and/or lower case characters).
• Passwords can be changed at any time by the account holder through the iBank service.
• Passwords expire every (60) sixty days and cannot be repeated.

For security purposes, your account will be locked out after three (3) invalid access attempts. The lock out will remain in effect for one hour. If your account becomes locked the second time, you must contact the MCNB Banks Online Banking Department.

If you suspect that an unauthorized person has access to your password or believe your password has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred funds without your permission, you must notify MCNB Banks immediately.

• Call MCNB Banks Online Banking Department at: (304) 436 4112 or (800) 532 9553 and tell a representative about your password security concern.
• The MCNB Banks Online Banking Department is open Monday through Thursday, 9:00 a.m. to 4:00 p.m., Friday, 9:00 a.m. to 5:30 p.m., excluding federal bank holidays.

Please refer to Section VIII – Fees and Charges for Online Banking Services. There are no additional fees or charges, other than those outlined in Section VIII, for transferring funds between accounts at MCNB Banks through iBank.

You may use your personal computer to:

• View account balances and transaction history
• Transfer funds from checking and savings accounts into:
  • Other MCNB Banks checking and savings accounts which belong to you
  • Loan Accounts
• Establish automatic transfers from one of your accounts to another (from checking and savings to checking, savings or loans)
• Communicate directly with MCNB Banks via E-mail.

Other services may be added to MCNB Banks Online service, and will be communicated to our customers as the additions are made.

III. TERMS AND CONDITIONS

The first time you access any of your accounts through MCNB Banks Online service, you confirm your agreement to abide by all the terms and conditions of this Online Agreement and acknowledge your receipt and understanding of this disclosure.

Fees and Charges

MCNB reserves the right to cancel your online service at any time without notice due to insufficient funds in one or more of your accounts. After cancellation, service may be reinstated at the discretion of the bank provided that funds are available to cover the cost of any fees and/or pending transfers. To reinstate your service, contact the MCNB Banks Online Banking Department at (304) 436 4112 or (800) 532 9553.

If you do not access your accounts via iBank for any consecutive six (6) month period, MCNB Banks reserves the right to disconnect your service. (See paragraph above for reinstatement of service information.)

You agree to be responsible for any local or long distance telephone charges or Internet Service Provider (ISP) charges that you incur by accessing your accounts via MCNB Banks Online Banking Service.

If you wish to cancel any of your MCNB Bank Online Banking Services, please contact MCNB Banks Online Banking Department at the numbers stated above or send us cancellation instructions in writing to: MCNB Banks Online Banking Department, P O Box 549, Welch, WV 24801.

Hours of Accessibility

You may access iBank seven days a week, 24 hours per day. Necessary system maintenance will be scheduled for hours during which system traffic is normally at a minimum. If the system is unavailable due to an unanticipated problem, you may use the automated telephone voice response system (Telebanc 1 877 730 0584), one of our ATM machines, or a branch office (during regular business hours) to conduct your transactions.

Additional Terms

• Balance Information – You may access any eligible MCNB Banks account on which you are an owner or signer to receive transaction history and balance information. The balance and account history will show the current balance of the account, including any transactions conducted prior to the inquiry. In process returns due to non-sufficient funds or stop payments may not be reflected in the inquiry.
  
• Account Information – Account balances and activity is current information. Funds transferred between related accounts initiated on your computer using iBank and received by the bank before 4:30 p.m. EST Monday through Friday will be effective on the current business day. Transfers processed on your computer using iBank and received after 4:30 p.m. EST Monday through Friday or all day Saturday, Sunday and federal banking holidays will be effective the following business day.
  
• Transaction Sessions – You will be automatically disconnected from this service after 10 minutes of inactivity.

IV. GENERAL

Changes to Fees, Charges and Other Terms

We reserve the right to change the fees, charges or other terms outlined in the agreement. We will notify you 30 days prior to implementation of changes, either by written notice or e-mail, and will also update this agreement, if the changes to this agreement are more restrictive than those stated in the agreement, or increase your responsibility for unauthorized transactions, In the event that a change is necessary to ensure the security of the online system, an immediate change may be necessary, and we will notify you within 30 days after the change is made by electronic or written notice. You may choose to accept or decline changes by continuing or discontinuing the services to which the changes relate. We reserve the option to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Account Disclosure.

Disclosure of Account Information

You authorize MCNB Banks and any 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:

• To comply with government agency requests or court orders
• To verify the existence and condition of your account to a third party, such as a credit bureau or merchant
• To provide services relating to your account or to offer other products and services
• To other entities if you give us permission

Consumer Rights and Responsibilities

In addition to this Agreement, you agree to be bound by and comply with the Account Agreement and Account Disclosure, the rules and regulations of the electronic transfer system, and state and federal laws and regulations. If you have a mortgage account, you will continue to be responsible for the obligation as required under the note and deed of trust.

You, the consumer, are responsible for keeping your password and account data confidential. We are entitled to act on transaction instructions received using your password, and you agree that the use of your password will have the same effect as your signature, authorizing the transaction (s). If you authorize other persons to use your password in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization, changed your password, and that you are responsible for any transactions made by such persons until such time as we receive and have time to act upon the notification that transfers by that person, or instructions regarding your accounts, are not longer authorized.

You are unequivocally responsible for the security of the computer used to access MCNB Banks Online Banking Service whether personal or shared. Any activity conducted due to a breech of computer security will be the full responsibility of the customer.

The Bank reserves the right to terminate or modify this Agreement and your access to iBank in whole or in part, at any time.

The Bank may assign certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

Unauthorized Transactions

You must notify us immediately if you suspect that another person has improperly obtained use of your online password. You must also notify us if someone has transferred or may transfer money form your bank account without your permission, or if you suspect any fraudulent activity related to your account. You should reveal your account number only to legitimate entities for purposes you authorize, such as automatic payments to your insurance company. To notify us, call the MCNB Banks Online Banking Department at (304) 436 4112 or (800) 532 9553.

Federal law requires that if you believe your online password has been lost, stolen or compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your online password without your permission.

Please tell us AT ONCE if you believe your password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you do not notify us promptly, it is possible that you could lose all the money in your account, plus any maximum overdraft line of credit. To notify us, call the MCNB Banks Online Banking Department at (304) 436 4112 or (800) 532 9553; after hours, e-mail us at ibank@mcnbbanks.com.

If you do NOT tell us with two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.00.

If your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a confirmed extended trip or hospital stay, kept you from telling us, the time periods in this section can be extended.

Error Resolution

If you believe that there is an error regarding your account in conjunction with MCNB Banks Online Banking Service (mortgage loans are excluded) it should be handled as follows:

• Call the MCNB Banks Online Banking Department and tell a representative about the problem at (304) 436 4112 or (800) 532 9553, or
• Send a fax to (304) 436 4200, Attention: MCNB Banks Online Banking Department and tell us the details of the problem, or
• Write a letter and mail it to MCNB Banks Online Banking Department, P O Box 549, Welch, WV 24801. and tell us the details of the problem.

We must hear from you no later than sixty (60) days after we send the paper statement or electronic statement on which the problem or error in question occurred. If you notify us verbally, we will require that you send us your problem in writing within ten (10) business days.

When you write us about your problem, please:

• Include your name and account number(s)
• Describe the error or transaction in question, and explain why you believe it to be an error
• Tell us the dollar amount of the suspected error

We will tell the results of our investigation within 10 business days after we hear from you if your account has been opened for more than 30 days (within 20 days for new accounts), and we will correct any error within one business day. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will recredit your account within 10 business days (or 20 days on new account) 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 if we do not receive it within 10 business days, we do not need to recredit your account while we complete our investigation. If we determine that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents used in our investigation.

If we do not complete a transfer to or from your bank account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable:

• If, through no fault of ours, you do not have enough money in your account to make a transfer
• If a legal order directs us to prohibit withdrawals from the account
• If your account is closed or if it has been frozen
• If a hold has been placed on your account for uncollected funds
• If the transfer or payment would cause the account to become overdrawn beyond the balance of the account plus any overdraft protection
• If you, or anyone you allow, commits fraud or violates any law or regulation
• If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly
• If circumstances beyond our control (such as fire, flood, hurricane, improper transmission or handling of payments by a third party) prevent the transfer, despite reasonable precautions taken by us.

V. LIMITS AND LIABILITIES

MCNB Banks will not be responsible for the following incidents, errors or failures:

Access

We will not be responsible for failure to provide access or for interruptions in access to MCNB Banks Online Banking Service due to a system failure or due to other unforeseen acts or circumstances.

Your Computer Equipment or Software

We will not be responsible for any errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment used with MCNB Banks Online Banking Service.

We are not responsible for any error, damages or other losses you may suffer due to the malfunction or misapplication of any system you use, including your browser (Microsoft Explorer, Netscape Navigator, or otherwise), your online service provider (ISP), your personal financial management or other software, (such as Quicken or Microsoft Money), or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with MCNB Banks Online Banking Service.

We will not be responsible for the security of the computer you use to access MCNB Banks Online Banking Service or any activity conducted fraudulently due to the lack of security on such computer.

VI. OTHER PROVISIONS

Electronic Notice

With your consent, we may send notices to you by electronic mail (e-mail). You may use e-mail to contact us about inquiries, maintenance, and/or some problem resolution issues. E-mail may not be a secure method of communication. We therefore recommend that you do not send confidential personal or financial information by e-mail. There may be times when you need to speak with someone immediately, especially to report a lost or stolen password. In these cases, do not use e-mail. Instead, call our customer MCNB Banks Online Banking Department at (304) 436 4112 or (800) 532 9553, during regular business hours, Monday- Thursday 9:00 a.m. – 4:00 p.m. and on Fridays 9:00 a.m. – 5:30 p.m., excluding federal bank holidays.

Warranty and Software Limitations

NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE (OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS), UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.

Hours of Operation

MCNB Banks Online Banking Services will be available 24 hours around the clock, but our representatives will be available to help you during regular business hours, Monday- Thursday 9:00 a.m. – 4:00 p.m. and on Fridays 9:00 a.m. – 5:30 p.m., excluding federal bank holidays.

Ownership of Website

The content, information and offerings on our website are owned by MCNB Banks, and the unauthorized use, reproduction, linking or distribution of any portions are strictly prohibited.

Geographic Restrictions

The MCNB Banks Online Banking services described in this Agreement and available on our website are solely offered to citizens and residents of the United States of America currently residing in the United States. Citizens and residents outside the United States may not be able to access the MCNB Banks Online Banking Service.

Scope of Agreement

This Agreement represents our complete agreement with you relating to our provision of the MCNB Banks Online Banking services. No other statement, oral or written, including language contained in our website, unless otherwise noted, is part of this agreement.

VII. FEES AND CHARGES

I have read and accept the terms of the MCNB Banks Online Banking Terms and Agreement and wish to apply for MCNB Banks Online Banking Service.

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