Common use of Wireless Access Clause in Contracts

Wireless Access. The Service is available for use at all times except during maintenance periods, or such other hours as established by Bank from time to time. Transmissions made after Bank cut-off hour on a business day, or on any day that is not a business day, are treated as occurring on the next business day. Client’s access to the Remote Deposit Capture Service via Client’s Wireless Access Device (“Wireless RDC”) is subject to Bank’s prior and ongoing approval. Bank may deny Client’s access to all or any part of the Remote Deposit Capture Service, at Bank’s sole discretion, including wireless access. To access and utilize Wireless RDC, Client will provision at Client’s expense a compatible supported Wireless Access Device that complies with Bank access requirements (as posted on our website and amended from time to time) and is connected to the Internet through Client’s mobile communications service provider. If Client obtains a different Wireless Access Device, Client will be required to download and install software, to that different Wireless Access Device, under the same terms set forth in this Service Description, as amended from time to time. Client agrees to delete all such software from Client’s Wireless Access Device promptly if the licenses or this Service Description terminate for any reason. The availability, timeliness and proper functioning of Wireless RDC depends on many factors, including Client’s Wireless Access Device location, wireless network availability and signal strength, and the proper functioning and configuration of hardware, Software, and Client’s Wireless Access Device. Client agrees that Client is solely responsible for any data that is transmitted, supplied or entered by Client or anyone on Client’s behalf or any transaction Bank receives through the Service even if it is not authorized by Client. Neither Bank nor any of Bank’s service providers warrant that Wireless RDC will operate without interruption, and neither Bank nor Bank’s service providers shall be liable for any loss or damage caused by any unavailability of Wireless RDC, including service interruptions, delays, or loss of personalized settings. Neither Bank nor any of Bank’s service providers assume responsibility for the operation, security, functionality or availability of any Wireless Access Device or mobile network which Client utilizes to access the Remote Deposit Capture Service. Client agrees that, when Client uses Wireless RDC, Client remains subject to the terms and conditions of Client’s existing agreements with any unaffiliated service providers, including, but not limited to Client’s mobile service provider. Client understands that those agreements may provide for fees, limitations and restrictions which might impact Client’s use of Mobile RDC (such as data usage or text messaging charges imposed on Client by Client’s mobile service provider), and Client agrees to be solely responsible for all such fees, limitations and restrictions. Client also agrees that only Client’s mobile service provider is responsible for its products and services. Accordingly, Client agrees to resolve any problems pertaining to Client’s Wireless Access Device or mobile services with Client’s provider directly. Security of Data in Transition and Storage. Client expressly acknowledges that any wireless access to Client’s accounts may not be secure and, as such, Client assumes the risk associated with unauthorized access to the Remote Deposit Capture Service and any information contained therein, resulting from such wireless connectivity. Client assumes all risk that any information Client download or otherwise stored on Client’s Wireless Access Device may be accessed by unauthorized third parties. Without limiting the foregoing, Client acknowledges that Client’s Wireless Access Device may become subject to unauthorized tracking, "hacking" or other manipulation by spyware, viruses or other malicious code ("malware"). Bank is not responsible for advising Client of the existence or potential effect of any malware. Client’s use of Client’s hardware and Software is at Client’s own risk. Bank is not responsible for the security and confidentiality of information when Client: (i) uses wireless connections to download Client’s account information, in which case Client acknowledge such connection may permit other persons to access the information being downloaded, or (ii) allows other persons access to Client’s Wireless Access Device. Client agrees that any account information that Client downloads is done at Client’s own risk, and Client is solely responsible for any damage that might occur to the electronic device to which Client downloads any information, or any loss or corruption of data that might occur as a result of the downloading or its storage on an electronic device. CLIENT AGREES TO TERMINATE THE REMOTE DEPOSIT CAPTURE SERVICE, OR DISABLE CLIENT’S REGISTERED WIRELESS ACCESS DEVICE FROM THE REMOTE DEPOSIT CAPTURE SERVICE IMMEDIATELY IN THE EVENT CLIENT’S REGISTERED DEVICE BECOMES LOST, STOLEN OR IS NO LONGER IN USE BY CLIENT. PRIMARY ACCOUNT DESIGNATION Client may use the Remote Deposit Capture Services to facilitate a deposit to any deposit account Client has with Bank (other than those with deposit restrictions, such as certificate of deposits). The account to which Client designates a deposit shall be referred to as the “RDC Account” for the purpose of this Service Description and the deposit transaction. Client authorizes Bank to debit the RDC Account (or any other account maintained by Client at Bank) for any fees or other amounts due Bank in connection with the Remote Deposit Capture Services. If the RDC Account is closed for any reason, Client's Remote Deposit Capture Services will be stopped along with any unprocessed Remote Deposit Capture Services transfers. To reinstate its Remote Deposit Capture Services, Client must designate a new RDC Account. CLIENT RIGHTS Subject to the terms of this Service Description, Bank hereby grants Client a non-exclusive, non- transferable right to access and use the Remote Deposit Capture Service in connection with Client's own business operations in accordance with the Supporting Documents DEFINITIONS

Wireless Access. The Service is available for use at all times except during maintenance periods, or such other hours as established by Bank from time to time. Transmissions made after Bank cut-off hour on a business day, or on any day that is not a business day, are treated as occurring on the next business day. Client’s access to the Remote Deposit Capture Service via Client’s Wireless Access Device (“Wireless RDC”) is subject to Bank’s prior and ongoing approval. Bank may deny Client’s access to all or any part of the Remote Deposit Capture Service, at Bank’s sole discretion, including wireless access. To access and utilize Wireless RDC, Client will provision at Client’s expense a compatible supported Wireless Access Device that complies with Bank access requirements (as posted on our website and amended from time to time) and is connected to the Internet through Client’s mobile communications service provider. If Client obtains a different Wireless Access Device, Client will be required to download and install software, to that different Wireless Access Device, under the same terms set forth in this Service Description, as amended from time to time. Client agrees to delete all such software from Client’s Wireless Access Device promptly if the licenses or this Service Description terminate for any reason. The availability, timeliness and proper functioning of Wireless RDC depends on many factors, including Client’s Wireless Access Device location, wireless network availability and signal strength, and the proper functioning and configuration of hardware, Software, and Client’s Wireless Access Device. Client agrees that Client is solely responsible for any data that is transmitted, supplied or entered by Client or anyone on Client’s behalf or any transaction Bank receives through the Service even if it is not authorized by Client. Neither Bank nor any of Bank’s service providers warrant that Wireless RDC will operate without interruption, and neither Bank nor Bank’s service providers shall be liable for any loss or damage caused by any unavailability of Wireless RDC, including service interruptions, delays, or loss of personalized settings. Neither Bank nor any of Bank’s service providers assume responsibility for the operation, security, functionality or availability of any Wireless Access Device or mobile network which Client utilizes to access the Remote Deposit Capture Service. Client agrees that, when Client uses Wireless RDC, Client remains subject to the terms and conditions of Client’s existing agreements with any unaffiliated service providers, including, but not limited to Client’s mobile service provider. Client understands that those agreements may provide for fees, limitations and restrictions which might impact Client’s use of Mobile RDC (such as data usage or text messaging charges imposed on Client by Client’s mobile service provider), and Client agrees to be solely responsible for all such fees, limitations and restrictions. Client also agrees that only Client’s mobile service provider is responsible for its products and services. Accordingly, Client agrees to resolve any problems pertaining to Client’s Wireless Access Device or mobile services with Client’s provider directly. Security of Data in Transition and Storage. Client expressly acknowledges that any wireless access to Client’s accounts may not be secure and, as such, Client assumes the risk associated with unauthorized access to the Remote Deposit Capture Service and any information contained therein, resulting from such wireless connectivity. Client assumes all risk that any information Client download or otherwise stored on Client’s Wireless Access Device may be accessed by unauthorized third parties. Without limiting the foregoing, Client acknowledges that Client’s Wireless Access Device may become subject to unauthorized tracking, "hacking" or other manipulation by spyware, viruses or other malicious code ("malware"). Bank is not responsible for advising Client of the existence or potential effect of any malware. Client’s use of Client’s hardware and Software is at Client’s own risk. Bank is not responsible for the security and confidentiality of information when Client: (i) uses wireless connections to download Client’s account information, in which case Client acknowledge such connection may permit other persons to access the information being downloaded, or (ii) allows other persons access to Client’s Wireless Access Device. Client agrees that any account information that Client downloads is done at Client’s own risk, and Client is solely responsible for any damage that might occur to the electronic device to which Client downloads any information, or any loss or corruption of data that might occur as a result of the downloading or its storage on an electronic device. CLIENT AGREES TO TERMINATE THE REMOTE DEPOSIT CAPTURE SERVICE, OR DISABLE CLIENT’S REGISTERED WIRELESS ACCESS DEVICE FROM THE REMOTE DEPOSIT CAPTURE SERVICE IMMEDIATELY IN THE EVENT CLIENT’S REGISTERED DEVICE BECOMES LOST, STOLEN OR IS NO LONGER IN USE BY CLIENT. PRIMARY ACCOUNT DESIGNATION Client may use the Remote Deposit Capture Services to facilitate a deposit to any deposit account Client has with Bank (other than those with deposit restrictions, such as certificate of deposits). The account to which Client designates a deposit shall be referred to as the “RDC Account” for the purpose of this Service Description and the deposit transaction. Client authorizes Bank to debit the RDC Account (or any other account maintained by Client at Bank) for any fees or other amounts due Bank in connection with the Remote Deposit Capture Services. If the RDC Account is closed for any reason, Client's Remote Deposit Capture Services will be stopped along with any unprocessed Remote Deposit Capture Services transfers. To reinstate its Remote Deposit Capture Services, Client must designate a new RDC Account. CLIENT RIGHTS Subject to the terms of this Service Description, Bank hereby grants Client a non-exclusive, non- transferable right to access and use the Remote Deposit Capture Service in connection with Client's own business operations in accordance with the Supporting Documents DEFINITIONSDEFINITIONS Unless otherwise defined below or in this Service Description, terms in this Service