Online Banking and Bill Pay Agreement and Disclosure

This Online Banking and Bill Payment Agreement ad Disclosure ("Agreement") outlines the terms and conditions governing your use of the Merrimack County Savings Bank (Bank) Online Banking and Bill Payment services ("Service"). It also describes the rights and obligations of the Bank and contains the disclosures required by the Electronic Funds Transfer Act.

Please read this Agreement carefully. By using any one of the Online Banking services described in this Agreement, or authorizing others to use them, you agree to the terms and conditions of this Agreement and the regulations governing the deposit and loan accounts which you access using Online Banking. In addition to this Agreement, you may have a separate agreement for optional Online Banking services. The regulations governing your accounts are set forth in the account disclosures provided to you at account opening and as amended from time to time. A copy of these disclosures may also be obtained from any branch office. You also acknowledge and agree that, if you permit another person(s) to use Online Banking or give them your User Name and Password credentials, you are authorizing others to use the Online Banking services and you are therefore responsible for any transfers or payments the person(s) makes from your account.

This Agreement shall be governed by and interpreted by New Hampshire State Laws and Federal Laws, rules and regulations of the United States.

  1. Definitions

    As used in this Agreement, the following words have the meanings given below:

    "Online Account(s)" means your eligible Bank checking, savings, loan or certificate of deposit account information and other Bank products that can be accessed through Online Banking from which you will be conducting transactions.

    "Bill Pay" is the online service that enables the scheduling of bill payments.

    "Business Day" as used in this agreement means Monday through Friday, not including federal holidays.

    "Device" means a supportable computer or mobile device either a cellular phone or other mobile device that is web-enabled and allows Secure Sockets Layer (SSL) traffic.

    "ISP" refers to your Internet Service Provider.

    "Password" is the onetime access code for use during the initial sign-on, as well as the code you select after the initial sign-on, that establishes your connection to the Service.

    "User Name" is the code you select after enrollment that establishes your connection to the Service.

    "We", "Us" and "Our" refer to the Bank and any designee, or assignee that the Bank may, in its sole discretion, involve in the provisions of electronic services including but not limited to Digital Insight.

    "You" and "Your(s)," mean each person with authorized access to your Account(s) who uses Online Banking services

  2. Description of Service

    Online Banking allows you the ability to access your accounts through the use of your Device, your ISP, User Name and Password, and any enhanced identity authentication, to:

    1. Obtain Account information;
    2. Make loan payments or transfer from your Bank deposit account to your loan account;
    3. Transfer funds between your Bank checking, statement savings, or money market accounts on either a one-time or recurring basis subject to any limitations in this Agreement;
    4. Set up Email Alerts and Notifications;
    5. Perform self-services such as check re-ordering, check stop payments, and e-Statement enrollment.
    6. Send us secure online mail messages and questions regarding the Service.
    7. Access your checking account to pay most bills (optional, requires separate enrollment);
    8. Make transfers between your deposit accounts at the Bank and your accounts at other U.S. financial institutions (optional, requires separate enrollment);
    9. Use new services that may be introduced from time to time. The Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules or terms of service that may be made available to you concerning these services.

    We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through the Service. We may also reserve the right to modify the scope or terminate the Service at any time.

    You may terminate this Agreement and your participation in the Service at any time by notifying us by calling 1-800-541-0006 or 603-225-2793 or by mail. Termination by you will not affect any of your obligations under this Agreement, including with respect to any transactions initiated by you prior to termination.

  3. Access to Services

    You may access this Service 24 hours a day, seven (7) days a week. However, availability of the Service may be temporarily unavailable for purposes of maintenance, updating and revising the software or technical difficulties. Access may also be disrupted because of problems with the telephone lines or Internet service or circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force.) The Bank cannot guarantee uninterrupted service. We are not responsible for the unavailability of the Service or any indirect or consequential damages that may result from its unavailability.

  4. Accessible Accounts

    To access the Service, you must currently hold and register at least one of the following types of Bank accounts: checking, statement savings, money market, certificate of deposit, mortgage, home equity, or consumer loan. If that requirement is satisfied, you may also register other types of accounts held at the Bank for access to the Service. When the Service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions we receive. Electronic "instructions" mean accessing the Service through the use of your User Name and Password or any other access device we may require from time to time.

  5. Use of Your Security Password

    To gain access to the Service, you will need a User Name and Password and other methods of authentication that we may require from time to time. You retain all liability for erroneous entry request transmitted to Bank when using the Service.

    A onetime password will be issued to you for security purposes as part of the initial registration process. This onetime password will be used only the first time you access the Service. You will then be asked to select a User Name and Password to thereafter gain access to the Service. Your User Name and Password are exclusively for your use.

    You are solely responsible for keeping your Password and Online Account information confidential. You agree to take reasonable precautions to safeguard your User Name, Password or any other authentication credentials we may require. You are solely responsible for access, including access by employees or others, to any Device used to originate, cancel, or amend entries. You acknowledge and agree that we have employed commercially reasonable security measures to protect the integrity of the data you transmit to us via Online Banking and protect against unauthorized access to your accounts. You agree that any interception of data that occurs notwithstanding these security measures is beyond our control, and we are not responsible for such interception. You also agree that if we abide by the security procedures applicable to your accounts, you are liable for any losses that occur. In order to protect yourself against fraud, you should adhere to the following minimum levels of security for the Device used to access the Service:

    • Do not give out your account information, Password, or User Name;

    • Do not leave your Device unattended while you are in the Bank's Online Banking Site;

    • Never leave your account information within range of others; and

    • Do not send privileged account information (account number, Password, etc.) in any public or general e-mail system.

    • Install and maintain daily up-to-date Anti-Virus, Anti-Spyware, Anti-Malware and Firewall software/hardware;

    • Maintain current critical system updates with all automatic updates enabled;

    • Ensure operating system and other applications are regularly (at least weekly) updated with the latest security patches;

    • Monitor, stay up to date with and implement industry security standards;

    • Ensure that Device software and hardware have not been compromised by hackers, viruses, Trojans, key logger software or other malware.

    • Use dedicated computer with static IP Address for file initiation.

    You should change your Password frequently to help safeguard the security of access to your accounts. You may change your Password in the My Settings section of the Online Banking Service.

    Our employees will never contact you via e-mail or by telephone requesting your online password. If you are contacted by anyone requesting this information, do not provide it and contact us immediately at 1-800-541-0006 or 603-225-2793.

    If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call the Bank immediately at 1-800-541-0006 or 603-225-2793 and use the My Settings feature within Online Banking to change your Password.

  6. Sessions

    A "session" is completed when you click on the "Sign Off" button, close your browser, or move to a web site outside the secure socket layer established by the Bank. The session may also be terminated if there is no activity within a set amount of time. In the event of a communications error, the session is terminated automatically. If you have not completed your transaction before the session is terminated, you must begin the transaction again from the beginning.

  7. Website Content and Links to Other Websites

    Online Banking is provided through our website, which may include news, information, stock quotes, links to other merchants, and links to other websites that are provided as a convenience to you. The content and sites provided by third parties are not under our control or supervision and if you link to another site from any of our pages, you are leaving our site pages. Our privacy policies do not apply to linked sites and you should consult the privacy disclosures on that site for further information. We do not endorse, approve, certify, or control third party sites or content, nor do we guarantee the accuracy, completeness, or timeliness of the information contained in them. The products and services offered by these third parties are not products offered by the Bank and are not insured by any governmental agency such as the FDIC.

  8. Fees

    The Bank does not currently charge a fee to use the Service. All other fees which have been separately disclosed to you in connection with your Account(s) will continue to apply to those Account(s). In addition, you should note that depending upon how you access the Service; you may incur Internet service provider fees and telephone charges for which you are solely responsible. Fees are subject to change from time to time upon notice as may be required by law.

  9. Electronic Mail (E-mail)

    Any electronic communication sent to you by us will be considered as if it were sent by U.S. Mail, postage prepaid, and will be considered received within three (3) calendar days of the date sent by us, regardless of whether you sign on to Online Banking within that time frame. To the extent permissible under applicable law, any electronic communication you send to us will not be effective until we receive and have had a reasonable opportunity to act on such e-mail message. We, therefore, strongly suggest that you report all matters requiring immediate attention (for example, reports of alleged unauthorized transfers or errors) to us by telephone. We may, however, require you to provide us with written confirmation of any notice of alleged error.

  10. Bill Pay

    You must be enrolled in the Service to use our bill payment service ("Bill Pay") from your Bank checking account. You may register for Bill Pay during Service enrollment or at a later time by selecting Bill Pay from the navigation menu.

    General Description of Service
    The Service allows you to make one time or recurring payments to a third party from accounts that you maintain at the Bank through our Bill Payment Processor. You can also use this service to receive and pay bills electronically (eBills) from participating payees. This service allows you to make payments to virtually anyone within the United States, except where prohibited by law, payable in U.S. dollars.

    Cost of Service
    The Bank does not currently charge a fee for the Service or to enroll. You may, however, choose to expedite a particular payment for a fee that will be disclosed at the time of the request but prior to submitting that request. All other fees which have been separately disclosed to you in connection with your Account(s) will continue to apply to those Account(s). Fees are subject to change from time to time upon notice as may be required by law.

    Bill Pay Payees
    By providing the Service with names and account information of a payee to whom to direct payments, you authorize us to follow the information provided by you for a bill payment to be made to the payee. If a Bill Payment request describes the beneficiary inconsistently by name and account number, execution of the request will occur based on the account number. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with payee’s directives. We reserve the right to refuse bill payment to certain payees for any reason, including where the payee will not accept an electronic or check payment from us, or if we determine that the payee cannot process payments in a timely fashion. You can only make payments to a vendor that holds an account in your name.

    Prohibited Payments
    Payments to payees outside of the United States or its territories are prohibited through the Bill Pay. Tax payments, court ordered payments, and insurance payments are permitted, but discouraged and must be scheduled at your own risk. You will not be notified if you attempt to make any of these payments. In no event shall the Bank nor our bill pay provider be liable for any claims or damages resulting from your scheduling of these types of payments and has no obligation to research or resolve any claim resulting from these payments.

    Payment Instructions
    When we receive a payment instruction, you authorize us to debit your designated payment account and remit funds on your behalf. You must have sufficient funds available in the payment account at the time we receive a payment instruction, including any available overdraft protection. You also authorize us to credit your payment account for payments returned to us by the United States Postal Service or the payee. You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment.

    Our Payment Processor may remit the payment to the payee on your behalf either by mailing a paper check or electronically by ACH (Automated Clearing House). Our Payment Processor will debit your account for the payment within two (2) business days following the payment send-on date. If your checking account does not have sufficient funds on this date, an overdraft charge may be assessed.

    Bill Pay Scheduling
    The Bill Payment Processor initiates payments on the Send Date you designate when you set up a payment. Payments can be sent on all days excluding Saturdays, Sundays, and Federal Reserve Board recognized holidays. In cases where a payment is scheduled for a Sunday or a federal holiday (this can potentially happen on a recurring payment), the payment is sent on the next business day (Monday through Friday). When scheduling payments on a weekend, the first day you may schedule payments (single payment or the first of a recurring payment) is the first business day following the weekend.

    When establishing the Send Date, consider that the Payee should receive your payment within three business days for an ACH payment and five business days for a paper check. To ensure payment by a specific due date, we suggest you allow at least this much time for your payment to reach the payee and to be properly credited to your account.

    Bill Pay Cut-Off Times
    Bill Payments initiated after 10:30 P.M., Eastern Time, will be sent on the next business day (excluding Saturdays, Sundays, and Federal holidays).

    Insufficient Funds
    Your payment will be sent to the payee on the Send Date you select by our Payment Processor whether or not your checking account has sufficient funds to cover the payment. Our Payment Processor will try to debit your account up to three times. If the attempts to recover the funds are unsuccessful a collection process may begin to recover the loss of payment and your Service will be suspended. We may take any actions to collect the obligation to the fullest extent permitted by law, including, but not limited to, exercising our right of set-off, set forth in the account disclosures provided to you at account opening. In the manner and to the extent permitted by law, we may also attempt to contact you by letter, telephone or email. You understand that failure to pay this obligation may also result in reporting the circumstances and Bill Payment obligation to one or more credit reporting agencies.

    Bill Pay Limitations
    We reserve the right to limit the frequency and dollar amount of payments for security and regulatory reasons. No Bill Payment transactions may exceed $9,999.99. If you request a Bill Payment transaction that exceeds $9,999.99, it will not be processed. The daily limit cannot exceed $19,999.99.

    If your account is a money market, you may not make more than 6 transfers per statement cycle to one of your other Accounts or to third parties by preauthorized, automatic, or personal computer, including online banking and bill payment services. Bill Payments made using the Service are subject to these limitations. Money Market Accounts may be charged a fee for each transaction that exceeds these limits.

    Bill Pay Cancellations
    You may use Bill Pay to cancel a payment request that has already been scheduled or an automatic recurring payment if the payment has not already been sent. You must transmit your cancellation request online before 10:30 P.M., Eastern Time, up to the send date.

    If you are unable to cancel your payments online, you must call us, or write us, in time for us to receive your request three (3) business days or more before the transaction is scheduled to be made. If you call, we may also require that you confirm your request in writing and provide your written confirmation within (3) three business days following your call. If the cancellation request is not received per the above instructions, we cannot guarantee the payment will be canceled and you are responsible for the payment. If you call or write to cancel a payment, you may be charged a stop payment fee as provided in our agreement with you for the appropriate linked account.

    Inactive Accounts
    If a payment has not been processed in three consecutive months, your bill payment account will be discontinued. You have the option of re-registering for bill payment at any time.

    Consent
    By selecting the Bill Pay "Accept" button on the previous page, you are agreeing to the terms and conditions of the Bill Pay Agreement. You further acknowledge that you have received, read, understood and agree to all of the terms and conditions of said Disclosure and Agreement.

  11. eBills

    eBills is a feature of the Bill Pay service that enables you to view bills electronically from participating payees. The presentment of your first electronic bill may vary from payee to payee and may take up to sixty (60) days, depending on the billing cycle of each payee.

    Participating payees establish their own criteria for requests to offer eBills and to accept electronic payments and have sole discretion to accept or decline your request. We do not participate in this decision.

    In order to offer eBills, it is sometimes required that we obtain login information for a particular payee, such as any required User ID and password. When you provide this information, you authorize us to access the third party web site to retrieve the account information on your behalf and you appoint us as your agent for this limited purpose. eBills are not necessary to use Bill Pay. Should you elect to not offer login information, you will still be able to make payments to that payee.

    We will use our best efforts to present all of your electronic bills promptly. In addition to notification within the Bill Payment Service, we may send an email notification to the email address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically log into Bill Pay and check on the delivery of new electronic bills. The time for notification may vary from payee to payee. You are responsible for insuring timely payment of all bills.

    We take no responsibility if a payee does not provide the necessary data to forward an electronic bill in a timely manner. If you do not receive a bill, it is your responsibility to contact the payee directly. We are not responsible for any late charges or other adverse consequences. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the payee directly.

    All parties have the right to cancel the service at any time. We will notify you if the Bank or a payee discontinues/stops electronic bills. The timeframe for cancellation of your electronic bill presentment may vary from payee to payee. It may take up to sixty (60) days, depending on the billing cycle of each payee. We will notify your payee as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the payee.

    When you establish electronic bills with a participating payee you will provide certain information that will be forwarded on to the payee to complete your enrollment. If you have concerns about the future use of this information, you should contact your payee directly.

    This Agreement does not alter your liability or obligations that currently exist between you and your payees.

  12. Additional Transactions with Online Banking

    Standard Services

    Account Balances
    Account balances are available through the Service for your linked accounts. Information about lines of credit and loans is available. Online Banking lists your account balance as of the date indicated. The balance provided may not reflect recent transactions, and may include funds which are not subject to immediate withdrawal.

    Email Alerts and Notifications
    In Online Banking you may enroll and receive email alerts on your mobile device to assist in managing your account. Click on the Alerts tab, located under Additional Services in Online Banking to sign up for your custom alerts Email Alerts are not meant to provide "real time" notification of account activity and may not prevent possible overdrafts on your account.

    Transfers
    You can make transfers between any linked accounts at the Bank and/or between your deposit accounts at the Bank and your accounts at other U.S. financial institutions through optional separate External Transfers enrollment. We reserve the right to limit the frequency and dollar amount of transactions on your accounts for security or administrative reasons. You acknowledge and agree that you are responsible for all payments and transfers.

    If your account is a money market or statement savings account, you may not make more than 6 transfers per statement cycle to another account or to a third party by means of a preauthorized or automatic transfer, including transfers pursuant to an overdraft plan, telephone or internet banking agreement, order or instruction, or by draft, check, ATM card or similar order made by you and payable to third parties.

    Optional Services

    Text Message Banking
    Text Message Banking is a supplemental and optional service available through a separate enrollment process within Online Banking. You must pre-enroll in either Merrimack 24 Online Banking or Business Online Banking. Text Message Banking is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Text Message Banking allows you to access your accounts from a mobile Device to view balances and recent transactions, transfer funds between your internal accounts, and request balance alerts.

    External Transfers

    External Transfers is a supplemental and optional service available through a separate enrollment process within Online Banking. External Transfers allow you to request that we initiate an electronic funds transfer from a personal account held in your name at another financial institution to one of your Eligible Accounts (checking or savings accounts) held at the Bank. The External Transfer service for Personal Accounts also allows you to request that we initiate an electronic funds transfer from one of your External Transfer eligible Accounts to one of your External Bank Accounts.

    Statements
    We will send you statements for your bank accounts with the frequency described in your account(s) agreements. Your statement will include all transactions initiated using the Service.

  13. Business Accounts

    If you are a business, any authorized user of your business, pursuant to the most recent business resolution on file with the Bank, is authorized on such terms, conditions, and agreements as we may require to:

    • enter into this Agreement, as amended from time to time;

    • access and transact on, as well as allow others to access and transact, each account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and

    • use any Online banking service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.

  14. Termination

    This Agreement remains in effect until either you or we terminate it. You can cancel Online Banking and/or Bill Payment at anytime by notifying us in writing at Merrimack County Savings Bank, Attn: Digital Banking, PO Box 2826, Concord, NH 03302 or by calling 1-800-541-0006 or 603-225-2793.

    If terminating this agreement involves canceling an electronic transaction, we must receive your notice to cancel at least three business days before the transaction is scheduled to be made. If you terminate Online Banking or Bill Payment, you authorize us to continue making transfers and bill payments you have previously authorized up to two (2) business days after our receipt of your cancellation request, as applicable. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time, for any reason, including non-usage or inactivity for any three (3) month period, without prior notice. The cancellation by you or us will not affect any of your obligations under this Agreement.

  15. Errors or Questions

    Error Resolution Notice

    In case of Errors or Questions about your electronic transfers, call us at 1-800-541-0006 or 603-225-2793 or write us at Merrimack County Savings Bank, Attn: Digital Banking, PO Box 2826, Concord, NH 03302 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

    1. Tell us your name and account number (if any).
    2. Describe the error or the transfer you are unsure about, and explain as 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 determine whether an error occurred within 10 business days (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 credit your account within 10 business days 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 we do not receive it with 10 business days, we may not credit your account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer. 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 request copies of the documents that we used in our investigation.

    Your Responsibility
    You are responsible for all activity that you authorize using the Service, including bill payments and transfers. If you permit other persons to use the Service or your authentication credentials, including your password, you are responsible for any transactions they initiate from your accounts whether or not you intended that they perform these transactions. Transactions that you initiate with fraudulent intent, or someone acting with you initiates, shall be authorized transactions.

    Notify us AT ONCE if you believe:

    • there is an error on your statement, or
    • your Password has been lost or stolen, or
    • someone has transferred or may transfer money from your account without your permission, or
    • someone has discovered your Password, or
    • if you have a question about an Online Banking transaction or
    • you believe your Device has been stolen, lost or used without your permission.

    You may telephone us during business hours at 1-800-541-0006 or 603-225-2793 or write us at:

    Merrimack County Savings Bank
    Attn: Digital Banking
    PO Box 2826
    Concord, NH 03302

    Failure to notify the Bank could cause you to lose all the money in your account.

    For Consumer Accounts Only: We must hear from you no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. When you report the error:

    1. Tell us your name and account number,

    2. Describe the error or the transfer or bill payment you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information,

    3. Tell us the dollar amount of the suspected error.

    If you notify us within two (2) business days, you can lose no more than $50 if your Online Banking password is used without your permission. If you notify us more than two (2) business days after you learn of the loss or theft of your Bank Online Banking password, and the Bank can prove it could have stopped someone from using your Online Banking password without your permission if you had told the Bank, you could lose as much as $500.

    Also, if your statement shows transfers that you did not make, notify the Bank at once. If you do not notify us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (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 notifying us, the Bank will extend the time periods.

    For Business Accounts: We will use commercially reasonable efforts to resolve any errors or questions about your transactions.

    You warrant and agree:

    • That only persons authorized to conduct Online Banking will have access to Online Banking and that you will notify us promptly if the authorized signer who completed the Online Banking registration is no longer authorized to access Online Banking;
    • That this Agreement is the valid and binding obligation of the business customer, enforceable against you in accordance with its terms; and
    • That upon Bank's request, you will certify the above.

    Our Responsibility
    We are responsible for completing transfers and bill payments on time according to your properly entered and transmitted instructions. However, we will not be liable:

    • if you negligently or intentionally share your login credentials including User Name and Password, or you do not report immediately any known theft of your ID and/or password, leading to unauthorized access to accounts,
    • if circumstances beyond our control (such as strikes, fire, or flood) prevent the transaction or transfer despite reasonable precautions we have taken,
    • if you leave your computer unattended in the middle of an online banking session and that results in unauthorized access to your account(s),
    • if you do not sign-off after completing your online banking session before visiting other Internet sites,
    • if your input error is the cause of a problem,
    • if, through no fault of ours, you do not have enough money in your account to make the transfers or scheduled bill payment,
    • if we make a timely payment, but the payee does not credit your payment promptly after they receive it,
    • If you have not provided us with complete and correct payment information for the Bill Payment, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
    • if withdrawals from any of your Online Banking linked accounts have been prohibited by a court order such as a garnishment or other legal process,
    • if there are postal delays that result in a payee not crediting your payment promptly,
    • if yours or our computer, software, phone lines, or Online Banking were not working or were temporarily unavailable, or
    • for indirect, incidental, special, or consequential damages arising out of the use of Online Banking.

    IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

    Indemnification
    You agree to indemnify, defend and hold harmless our parent and our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking or Bill Payment account.

    Third Parties
    We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.

    Virus Protection
    The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you employ industry standard virus detection and firewalls that routinely update product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

    Change in Terms and Entire Agreement
    This Agreement may be amended by us from time to time and, along with the account agreements, disclosures, and other documents referenced herein, whose terms are hereby incorporated into this Agreement by reference (collectively, "Documents"), We will mail or deliver a written notice to you at least 30 days before the effective date of any change in a term or condition disclosed in this Agreement, if the change would result in increased fees or charges, or increased liability to you. This Agreement, along with the account agreements, disclosures, and other documents referenced herein, whose terms are hereby incorporated by reference (collectively, "Documents"), is the entire agreement between you and us with respect to Online Banking and supersedes any and all prior communications and prior agreements between you and us with respect to Online Banking. If any provision of the Documents is inconsistent with any provision of this Agreement, the provisions of this Agreement shall control.

    Assignment
    We may assign this Agreement to our parent or to an affiliate of the Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent. You may not assign this Agreement without our prior written consent, which may be withheld at our sole discretion.

    Contact Information
    Merrimack County Savings Bank
    Attn: Digital Banking
    PO Box 2826
    Concord, NH 03302
    1-800-541-0006 or 603-225-2793