Common use of Business Mobile Banking Clause in Contracts

Business Mobile Banking. Based on the permissions established in Business Online Banking, Customer may use Mobile Banking in the same manner Customer uses Business Online Banking, to: (i) view current balance information for Accounts linked to the Service; (ii) review available transactions for Accounts; (iii) transfer funds between Accounts on a one-time basis; (iv) view Account alerts and notifications; and (v) view payment history. In addition, Users may approve or reject ACH batch files for processing and approve or reject Wire Transfer requests. i. Customer will not use the Mobile Service in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only use it in compliance with all Applicable Laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, Customer will not use the Mobile Services to transmit or disseminate: (A) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom Customer does not otherwise have a legal right to send such material; (B) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its Customers or subscribers; (C) material or data that is illegal, or material or data, as Bank determines (in Bank’s sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm Bank’s or Bank’s Service Provider’s reputation; (D) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death- related (e.g., funeral homes, mortuaries), hate-related (e.g., racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (E) viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (F) any material or information that is false, misleading, or inaccurate; (G) any material that would expose Bank or any of Bank’s Affiliates or Bank’s Service Provider, or any other third party, to liability; or (H) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of the Service Provider or any other third party. ii. Customer must comply with the Security Procedures for Business Online Banking, including either Tokens or Out-of-Band Authentication, as selected by Customer. iii. Neither Bank nor the Service Provider will be liable for any errors in the content of information obtained or transmitted through the Mobile Services, or for any actions taken in reliance thereon (including, but not limited to, the type of alerts and other preferences Customer select). Customer is responsible for any and all charges, including, but not limited to, fees associated with text messaging or data usage rates imposed by Customer’s telecommunications carrier. Bank is not responsible for any damages resulting from Customer’s failure to comply with any terms and conditions provided by any telecommunications carrier or any app store. Any losses or charges incurred through the loss of a Mobile Device or the safeguarding (or failure to adequately safeguard) of Login Credentials will remain Customer’s sole responsibility. iv. In connection with Customer’s use of Mobile Banking, Bank and its Service Provider may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by Customer or from other sources in connection with the Mobile Services. Bank and the Service Provider will maintain reasonable safeguards to protect the User information from unauthorized disclosure or use, but Bank reserves the right to use and disclose the User information as reasonably necessary to deliver the Mobile Services and as otherwise permitted by law, including, without limitation, compliance with court orders or instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by Customer. Bank and the Service Provider also reserve the right to monitor the use of Mobile Banking for purposes of verifying compliance with Applicable Law, these Service Terms and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.‌ v. It is important that Customer understands the limitations of the Mobile Services, including but not limited to the following: (A) Because Mobile Banking is accessible only through Customer’s Mobile Device, Customer’s access to the Mobile Services may be limited by the service provided by Customer’s telecommunications carrier; (B) There may be technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalized settings or other the Service interruptions. Bank does not assume any responsibility for the timeliness, deletion, or misdelivery of any user data, failure to store user data, communications or personalized settings in connection with Customer’s use of a Mobile Banking; nor for the delivery or the accuracy of any information requested or provided through Mobile Banking; (C) Bank reserves the right to block access or delete the Mobile Banking software from Customer’s Mobile Device if Bank or Bank’s Service Provider has reason to believe Customer is not complying with these Service Terms, or has reason to suspect Customer’s Mobile Device has been infected with malicious software or virus.

Business Mobile Banking. Based on the permissions established in Business Online Banking, Customer may use Mobile Banking in the same manner Customer uses Business Online Banking, to: (i) view current balance information for Accounts linked to the Service; (ii) review available transactions for Accounts; (iii) transfer funds between Accounts on a one-time basis; (iv) view Account alerts and notifications; and (v) view payment history. In addition, Users may approve or reject ACH batch files for processing and approve or reject Wire Transfer requests. i. Customer will not use the Mobile Service in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only use it in compliance with all Applicable Laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, Customer will not use the Mobile Services to transmit or disseminate: (A) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom Customer does not otherwise have a legal right to send such material; (B) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its Customers or subscribers; (C) material or data that is illegal, or material or data, as Bank determines (in Bank’s sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm Bank’s or Bank’s Service Provider’s reputation; (D) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death- death-related (e.g., funeral homes, mortuaries), hate-related (e.g., racist organizations), gambling-gambling- related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (E) viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (F) any material or information that is false, misleading, or inaccurate; (G) any material that would expose Bank or any of Bank’s Affiliates or Bank’s Service Provider, or any other third party, to liability; or (H) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of the Service Provider or any other third party. ii. Customer must comply with the Security Procedures for Business Online Banking, including either Tokens or Out-of-Band Authentication, as selected by Customer. iii. Neither Bank nor the Service Provider will be liable for any errors in the content of information obtained or transmitted through the Mobile Services, or for any actions taken in reliance thereon (including, but not limited to, the type of alerts and other preferences Customer select). Customer is responsible for any and all charges, including, but not limited to, fees associated with text messaging or data usage rates imposed by Customer’s telecommunications carrier. Bank is not responsible for any damages resulting from Customer’s failure to comply with any terms and conditions provided by any telecommunications carrier or any app store. Any losses or charges incurred through the loss of a Mobile Device or the safeguarding (or failure to adequately safeguard) of Login Credentials will remain Customer’s sole responsibility. iv. In connection with Customer’s use of Mobile Banking, Bank and its Service Provider may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by Customer or from other sources in connection with the Mobile Services. Bank and the Service Provider will maintain reasonable safeguards to protect the User information from unauthorized disclosure or use, but Bank reserves the right to use and disclose the User information as reasonably necessary to deliver the Mobile Services and as otherwise permitted by law, including, without limitation, compliance with court orders or instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by Customer. Bank and the Service Provider also reserve the right to monitor the use of Mobile Banking for purposes of verifying compliance with Applicable Law, these Service Terms and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.‌content. v. It is important that Customer understands the limitations of the Mobile Services, including but not limited to the following: (A) Because Mobile Banking is accessible only through Customer’s Mobile Device, Customer’s access to the Mobile Services may be limited by the service provided by Customer’s telecommunications carrier; (B) There may be technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalized settings or other the Service interruptions. Bank does not assume any responsibility for the timeliness, deletion, or misdelivery of any user data, failure to store user data, communications or personalized settings in connection with Customer’s use of a Mobile Banking; nor for the delivery or the accuracy of any information requested or provided through Mobile Banking; (C) Bank reserves the right to block access or delete the Mobile Banking software from Customer’s Mobile Device if Bank or Bank’s Service Provider has reason to believe Customer is not complying with these Service Terms, or has reason to suspect Customer’s Mobile Device has been infected with malicious software or virus.