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To access Flushing Savings Bank's Online Banking, you need to read and agree to the Flushing Savings Bank, FSB Online Banking Agreement, including important electronic banking disclosures. By consenting, you acknowledge and agree to Flushing Savings Bank's Online Banking Agreement and our separate Privacy Policy. If you do not agree to Flushing Savings Bank's Online Banking Agreement and our separate Privacy Policy, do not consent.

FLUSHING SAVINGS BANK, FSB
ONLINE BANKING AGREEMENT
(Please read this Agreement and retain it for your records)
  1. Introduction. This Online Banking Agreement ("Agreement") between The Flushing Savings Bank, FSB ("Flushing Savings Bank") and you governs your use of Flushing Savings Bank's Online web banking service for accessing your Eligible Accounts, banking, bill payment and other financial services as described herein ("Services" or "Online Services") and contains the terms and conditions for use of such Services. By consenting to this Agreement, you agree, as our customer, to be bound by the terms hereof and such other terms and conditions as shall be imposed from time to time by Flushing Savings Bank on notice to you, as provided herein. By using the Online Services, you agree to abide by the terms and conditions of this Online Banking Agreement. Any reference to a time in this Agreement (e.g. 10:00 p.m.) shall be to Eastern Standard Time except as otherwise set forth.
  2. Meaning of Certain Words. In this Agreement, the following terms have the meanings described herein:

    Account means a bank Account, including a Credit Account or Deposit Account, you have or may have at Flushing Savings Bank that you have designated for access under the Services and which is an Eligible Account. Each of your Accounts at Flushing Savings Bank is also governed by the applicable Account Disclosure Statement.
    Account Disclosure Statement means Flushing Savings Bank's standard terms and conditions that apply to the applicable Account.
    Agreement means this Agreement, all supplements hereto and all other agreements referred to herein or incorporated by reference herein.
    Available Balance means the balance in an Account after crediting only those deposits that have been collected and made available to Flushing Savings Bank, which shall include deposits that have been made available to you under Flushing Savings Bank's Funds Availability Schedule.
    Bank, we, us and our mean The Flushing Savings Bank and its various branches.
    Branch means a branch office of Flushing Savings Bank.
    Business Day means any day other than a Saturday, Sunday or bank holiday.
    Credit Account means one of the Accounts described as a "Credit Account" listed under Eligible Accounts.
    Credit Line means any checking overdraft line of credit you have or may have at Flushing Savings Bank that you have designated as a credit line to be accessed under the Flushing Savings Bank Online Banking Services.
    Customer ID means the name or number assigned to you by Flushing Savings Bank that will allow you to access your Accounts using Flushing Savings Bank Online Banking. This Customer ID can be changed after initial login to Online Banking.
    Deposit Account means one of the Accounts described as a "Deposit Account" described under Eligible Accounts.
    EBP means Electronic Bill Payment.
    Electronic Bill Payment or EBP means the use of a computer, Web Browser, and Password to pay a bill or make any other payment to a Payee from your EBP Account.
    Eligible Account means one of the Accounts to which Flushing Savings Bank from time to time allows access via Flushing Savings Bank Online Banking, but does not include accounts that have withdrawal restrictions, such as a CD, or that require direct Bank update (for example, passbook account deposits and withdrawals). You cannot transfer funds from a home equity, mortgage or credit card account.
    EBP Account means the Account maintained by you at Flushing Savings Bank, described under Eligible Accounts, through which you agree EBP transactions shall be conducted and the Account from which funds will be withdrawn to make Electronic Bill Payments. Only a Flushing Savings Bank checking or NOW account may be utilized as an EBP Account.
    EBP Information means the identification of payees, payments and other relevant applicable EBP information provided by you from time to time by EBP Notification or otherwise.
    EBP Notification means electronic or other notification, in a form as shall be determined by Flushing Savings Bank from time to time, by which you will instruct Flushing Savings Bank of your desire to conduct EBP transactions and will identify relevant EBP Information for each applicable Payee.
    Electronic Bill Payment Services or EBP Services means the Services made available by Flushing Savings Bank under this Agreement for Electronic Bill Payment.
    Online Banking means the use of a computer, Web Browser and Password to conduct, by access to the Services, banking transactions hereunder, including, without limitation, Electronic Bill Payments, if such Service is selected by you pursuant to the notification provisions hereof.
    Online Banking Services means the Services described herein that are provided to approved Flushing Savings Bank customers under this Agreement to enable such customers to conduct the banking transactions described herein through the Flushing Savings Bank Website.
    Flushing Savings Bank Business Address means 144-51 Northern Blvd., Flushing, NY 11354 or such other address that Flushing Savings Bank shall designate from time to time.
    Flushing Savings Bank Online Banking means utilization of the Services under this Agreement to conduct banking transactions through the Flushing Savings Bank Website.
    Flushing Savings Bank Online Banking Customer Support means the customer service representatives at Flushing Savings Bank designated to provide Online Banking customer support.
    Flushing Savings Bank Online Banking Services means the Services described herein, as modified and amended hereunder.
    Flushing Savings Bank Telephone Number means 1-800-228-3211 or such other telephone number that Flushing Savings Bank shall designate from time to time.
    Flushing Savings Bank Website means the website established by Flushing Savings Bank on the Internet having the URL address http://www.flushingsavings.com/ or such other URL address that Flushing Savings Bank shall designate from time to time.
    Funds Availability Schedule means the schedule that sets forth the availability of funds deposited to your Account(s). It provides information to allow you to determine when funds you deposit or receive for credit to your Account(s) are available for transfer or withdrawal.
    Password means the personal identification code that has been selected by you to use in accessing your Accounts through Flushing Savings Bank Online Banking (and any change to that Password that you have made) and that you must have to conduct Online Banking.
    Payee means the person or merchant (for example, another bank where you have your mortgage or the power company) to whom an Electronic Bill Payment is made payable.
    Paying Agent means the third party vendor used by Flushing Savings Bank to process EBPs.
    Scheduled Payment Date means the date that you select to make an Electronic Bill Payment, which date is the date the funds are deducted from your EBP Account, or the next Business Day, and should be at least seven (7) to ten (10) Business Days before the payment needs to be received by the Payee.
    Services means the Online Banking Services and other services available hereunder.
    Statement Account means a checking, NOW, savings or other non-passbook Account for which transaction activity is reported to the accountholder on a periodic statement.
    Statement Balance means the balance in an Account after crediting all deposits (including deposits that have not yet been collected by Flushing Savings Bank) and deducting all withdrawals.
    URL means Uniform Resource Locator. The URL is the address used to define the location of a resource on the Internet.
    Web Browser means the versions of the commercially available application programs that have been approved by Flushing Savings Bank for use with Flushing Savings Bank Online Banking to look at and interact with all the information on the Internet and the World Wide Web, including the information contained on the Flushing Savings Bank Website. Web Browsers use the Hypertext Transfer Protocol to make requests of Web servers throughout the Internet on behalf of the browser user.
    You and your mean each person who is authorized to have access to your Account(s) through Flushing Savings Bank Online Banking in accordance with the terms of this Agreement.

  3. Types of Available Transfers and Services. You may use Flushing Savings Bank Online Banking Services to do the following:
    • Balance Inquiries- Inquire as to the balance, including the Available Balance, in your Account and obtain Account activity information for your Accounts. You can obtain balance and certain transaction history on all Accounts that are enrolled in Flushing Savings Bank Online Banking. Account balance and transaction history reflects activity through the close of the previous Business Day.
    • Transfer Funds - Transfer funds between your qualifying Flushing Savings Bank Accounts on either a one-time or a recurring basis (subject to the legal restrictions described herein). Where a transfer is made from a Deposit Account, the Deposit Account must be a Statement Account.
    • EBP and Electronic Bill Payment - Use funds in your EBP Account to pay a bill or to make any other payment to a merchant, institution or individual with a U.S. address.
    • E-Statements - You must be an Online Banking User in order to receive eStatements. You will receive a monthly statement for your account showing all account activity. The statement will be mailed to the designated address unless you select our convenient eStatement electronic statement option. Once you accept the electronic eStatement option, you will be able to view your statement online. You will receive an email notification when your statement is available for viewing through our Online Banking system. Access to these statements will be password protected via your Online Banking signon for your security and protection.
    • New Services - Flushing Savings Bank may, from time to time, introduce new Online Banking Services and notify you of the existence of these new Services as they become available. Such Services generally will be made available to you, at your election, upon your specific acknowledgment that the terms contained herein shall apply to those Services and further subject to your agreement to be bound by any new conditions required by Flushing Savings Bank with respect to those Services.
  4. Certain Account Transfer Restrictions. Transfers of funds from Accounts are subject to the restrictions contained in the applicable Account Disclosure Statement. If a hold has been placed on deposits made to an Account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
  5. Electronic Bill Payment Services. The Services allow you to schedule Electronic Bill Payments through Flushing Savings Bank Online Banking. You can arrange, at your option, for the payment of your current, future and recurring bills from a designated Account, up to a maximum of $9,999.99 per Payee each Business Day.
    5.1 There is no limit to the number of EBP Payments that may be authorized. You may pay any merchant or individual approved by Flushing Savings Bank for payment through EBP Services. We are unable to process any payments to federal, state, or local tax agencies.
    5.2 By furnishing us with the names of your Payees and their addresses, you authorize us to follow the payment instructions to these Payees that you provide us via EBP Notification. You may have an unlimited number of approved Payees on the EBP Service.
    5.3 When we receive an EBP Notification containing EBP Information (for the current or a future date), we will remit funds to the designated Payee on your behalf, from the funds in your selected EBP Account, on the Scheduled Payment Date. However, we shall not be obligated to make any such payment unless your EBP Account, and overdraft protection plan for such Account, if applicable, has sufficient funds or credit availability to pay the bill on the Scheduled Payment Date. Funds for all EBPs (whether these payments are made electronically or by check) will be withdrawn from your Account on the Scheduled Payment Date or any date thereafter selected by Flushing Savings Bank. Your EBPs must not exceed the Available Balance in the Account from which you are directing a payment to be made, less any checks or any other payments issued or made from such Account, which checks and payments have not yet been deducted from the applicable Account balance. You understand that the Available Balance in any Account may be less than the Account's Statement Balance if you have made recent non-cash deposits to the Account (for example, the funds from check deposits will take longer to be available for withdrawal than the funds from cash deposits).
    5.4 You agree not to use EBP to make any tax payment or any court-directed or court-ordered payments or to make a payment to a Payee that has a mailing address outside the U.S. You agree that if you attempt to make such payments, Flushing Savings Bank and its Agent will not be responsible for that payment.
    5.5 By applying for EBP, you authorize Flushing Savings Bank and its agents to follow the EBP Information you have provided to Flushing Savings Bank in all applicable EBP Notifications. Using an approved form of EBP Notification, you agree to provide Flushing Savings Bank with the names, addresses, phone numbers and account information of those persons or entities to whom you wish to make an EBP.
    5.6 When you initiate an EBP, you authorize Flushing Savings Bank to charge your EBP Account on the Business Day selected by you and to remit funds to the Payee on your behalf electronically, provided electronic payment is permitted and accepted by the Payee. If the Payee does not permit and accept electronic payment, then those funds will be remitted to the Payee through the use of a paper check issued by Flushing Savings Bank or its agent and payable to the Payee. Such paper check will state that it represents a payment from you and indicate the account number of your account with the Payee.
    5.7 While it is anticipated that most EBPs will be processed and completed on your selected Scheduled Payment Date and arrive at the Payee approximately Three to Five (3 to 5) Business Days after your selected Scheduled Payment Date, it is understood by you that due to Scheduled Payment Dates occurring on non-Business Days and/or circumstances beyond the control of Flushing Savings Bank, particularly delays by the Payee and the Payee's banks or agents in the handling and posting of these EBPs, some EBPs may take longer to be posted to your account at the Payee. For this reason, Flushing Savings Bank recommends that you select a Scheduled Payment Date that is at least seven (7) to ten (10) Business Days before the actual due date of the payment and not seven (7) to ten (10) Business Days or less before the last day of a grace period or the last day a payment can be made without the Payee assessing a late charge. You agree that Flushing Savings Bank will not be responsible for any EBP that is received or posted by the Payee after the grace period or that results in a late charge or penalty being assessed by the Payee if you did not follow this recommendation. In such event, you agree that you shall have the sole risk of incurring and the sole responsibility for paying any and all late charges or penalties assessed by the Payee.
    5.8 You have the right to stop or change any scheduled EBP. You must cancel the EBP by calling our Paying Agent's bill payment customer service at 1-800-823-7555 on any of the following days excluding holidays; Monday - Friday from 8:00 a.m. - 10:00 p.m. (Eastern Standard Time) or Saturday 9:30 a.m. - 6:00 p.m. (Eastern Standard Time) no later than the day before the Scheduled Payment Date. You can also cancel or stop a single EBP anytime before the Scheduled Payment Date for that EBP through the use of Online Banking. If the EBP is a recurring EBP, then you can cancel that EBP through the use of Online Banking as long as the request is received before the Scheduled Payment Date of the next recurring EBP. If you order Flushing Savings Bank to stop an EBP in accordance with this Section, and we do not do so, we will be liable for your losses or damages.
    5.9 You agree that you will not use the Services to overdraw any Account. If an overdraft in your Account does occur, you will pay the full amount of the overdraft to Flushing Savings Bank immediately upon request along with the applicable fee for overdrafts.
    5.10 Although there are no fees for accessing your Account(s) via Flushing Savings Bank Online Banking, your EBP Account has been designated the Account from which funds will be debited for EBP transactions and any other fees incurred by you.
    5.11 If you close the EBP Account, you must notify us and identify a new EBP Account for the selected Services. Additionally, if you close all Accounts, you must notify Flushing Savings Bank Online Banking Customer Support to cancel your EBP Services.
    5.12 Your Online Services may be canceled at any time by Flushing Savings Bank without prior notice to you for any reason, including due to insufficient funds in one of your Accounts. Any fees assessed by Flushing Savings Bank by its paying agent will be charged directly to your Account. This fee is in addition to any customary charges relating to insufficient funds that may be imposed by Flushing Savings Bank. After cancellation, Online Services may be reinstated at the discretion of the Bank once sufficient funds are available in your Accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of your Services, you must call Flushing Savings Bank Online Banking Customer Support at the Flushing Savings Bank Telephone Number. Additionally, if you do not schedule or process an EBP transaction in your Flushing Savings Bank EBP Account via Flushing Savings Bank Online Banking for any three (3) month period, Flushing Savings Bank reserves the right to disconnect your EBP Service. Please note that it is possible your EBP Information will be lost if you are disconnected. If you do not access your Bank Account(s) via Flushing Savings Bank Online Banking for any three-month period, we reserve the right to disconnect your Service.
    5.13 You agree to be responsible for any telephone charges that you incur by accessing your Account(s) through Flushing Savings Bank Online Banking.
    5.14 If you wish to cancel any of the Services you are utilizing through Flushing Savings Bank Online Banking, you must contact Flushing Savings Bank Online Banking Customer Support at the Flushing Savings Bank Telephone Number or send us cancellation instructions in writing to the Flushing Savings Bank Business Address.
    5.15 If Flushing Savings Bank does not properly complete an EBP transaction on time or in the correct amount according to this Agreement, we will pay any late fees or finance charges you may incur as long as your account was in good standing with the merchant prior to this incident. We will also be liable to you if we fail to stop a payment pursuant to your timely order to do so. We shall not be responsible for any charges imposed or any other action taken by a Payee resulting from an EBP that you have not scheduled properly, including any applicable finance charges and late fees. In addition, we will not be liable if any third party through whom any bill payment is made fails to properly transmit the payment to the intended Payee or if any of the exceptions set forth in Section 12 apply.
    5.16 If, for any reason, you should ever wish to cancel Flushing Savings Bank Online Banking, we strongly suggest that you cancel all future EBPs at the same time that you cancel your Service by deleting those payments yourself using Flushing Savings Bank Online Banking. This will ensure that future EBPs and transfers made by you will not be duplicated. We will automatically delete all outstanding EBPs (all individual payments and all recurring payments) once we have been notified that your Service has been terminated. We will continue to maintain your Account(s) until you notify us otherwise.
    5.17 Flushing Savings Bank's EBP Services may be utilized by a single person. Additionally, joint access to Accounts requires that all persons having access to such Accounts ("Joint Accountholders") jointly sign on the checking or other Accounts linked to the Services. Joint Accountholders must share the same Payee list, and are subject to the joint tenancy rules contained in the Account Disclosure Statement for the particular Account. Accounts that require two or more signatures are not eligible to be linked to Flushing Savings Bank's EBP Services.
  6. Requirements. To access your Account(s) through Flushing Savings Bank Online Banking, you must have an Eligible Account and an online Password. In addition, you must have the required software.
  7. Hours of Accessibility. You can access your Account(s) through Flushing Savings Bank Online Banking seven days a week, 24 hours a day. However, at certain times, some or all of Flushing Savings Bank Online Banking may not be available due to system maintenance. During these times, you may use the Bank's telephone banking facility or an ATM or a Branch to conduct your transactions. If a request to transfer funds through Flushing Savings Bank Online Banking is completed before 8:30 p.m. Monday - Friday or 5:30 p.m. Saturday or Sunday, the transfer will be posted to your Account that same day. If a request to transfer funds is completed after 8:30 p.m. on a Business Day (Monday - Friday) or 5:30 p.m. Saturday or Sunday, or on a non-Business Day, the transfer will post to your Account the next Business Day or the following Business Day.
  8. Your Password.
    8.1 Your Password acts as your signature. You can change your Password at any time. For your protection, you should memorize your Password and not keep any notation of your Password on or with your computer. Your EBP Account is for your personal use only. The Password assures that only you can access your EBP Account.
    8.2 YOU AGREE NOT TO ALLOW ANOTHER PERSON TO USE YOUR PASSWORD AND NOT TO GIVE YOUR ACCOUNT NUMBER(S) OR PASSWORD TO ANYONE. If you do, you will be responsible for any money withdrawn or transferred from your Account(s) when such person uses your Password.
    8.3 You agree that if your Password is lost, misplaced or stolen, or if you believe that someone has transferred or may transfer money from your Account(s) without your permission, you must notify Flushing Savings Bank at once by calling Flushing Savings Bank at the Flushing Savings Bank Telephone Number immediately and within ten (10) days sending written notification to Flushing Savings Bank at the Flushing Savings Bank Business Address.
    8.4 For your protection, we are asking that you change your online Password regularly and require you to change it every 180 days.
    8.5 Your role is extremely important in the prevention of any wrongful use of your Account(s). You must promptly examine your statement upon receipt. If you find that your records and ours disagree, you must immediately call Flushing Savings Bank Online Banking Customer Support at the Flushing Savings Bank Telephone Number.
    8.6 In addition to protecting your Password and Account information, you should take precautions with your personal identification information, such as your driver's license, Social Security Number, etc. This information by itself or together with information on your Account(s) may allow unauthorized access to your Account(s). It is your responsibility to protect personal information with the same level of care that you protect your Password and Account information.
  9. Error Resolution In Case of Errors or Questions About Your Electronic Transfers Telephone us at 1-800-228-3211. Write us at Flushing Savings Bank, 144-51, Northern Blvd., Flushing, NY 11354 or E-Mail us at ezonline.banking@flushingsavings.com 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.
    (3) 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 after we hear from you and will correct any error promptly. If we need
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