ONLINE/MOBILE BANKING AGREEMENT AND DISCLOSURE

This Online/Mobile Banking Agreement and Disclosure ("Agreement") describes your rights and obligations as a user of the Online Banking service, which may also include the Bill Pay service, Mobile Deposit service and other services available hereunder. This Agreement also describes the rights and obligations of Cross County Savings Bank. Please read this Agreement carefully. By requesting and using each of the Services, you agree to comply with all applicable terms and conditions of this Agreement.

This Agreement amends and becomes a part of the following account disclosures provided by the Bank to you: (i) All About Your Account(s) Terms & Disclosures; and (ii) if you are a business customer, the Business Account Disclosures, as applicable. If there is a conflict between this Agreement and All About Your Account(s) Terms & Disclosures or Business Account Disclosures, as applicable, the terms of this Agreement shall govern with respect to the Services described herein.

I. GENERAL TERMS AND CONDITIONS

1. Definitions

The following definitions shall have the following meaning in this Agreement:

Authorized Representative: A person with authority with respect to your Online Account(s). For all business customers of the Bank, the Authorized Representative is the sole individual authorized to access Online Banking with their User ID and Password.

Bank, We, Us or Our: Cross County Savings Bank, which offers the Services and which holds the Online Account(s) accessed by the Services.

Bill Pay: A Service through Online Banking and utilizing the FIS™ Metavante payment service, or other third-party payment service, that enables the scheduling of bill payments using an Internet-Enabled Device.

Business Day: Any day other than a Saturday, Sunday or a Federal Holiday.

Due Date: The date reflected on your Payee statement when the payment is due. It is not the late date or grace period.

Internet-Enabled Device: A personal computer, iPad, Tablet, mobile phone or other internet-enabled device which enables you, with an ISP, to access your Online Account(s) and/or the Services.

ISP: Your Internet Service Provider.

Online Banking: The internet based service provided by the Bank that allows you access to your Online Account(s).

Online Account: Each Bank account from which you will be able to conduct transactions using a Service.

Password: The customer generated code selected by you for use during the initial sign on, and the codes you select after initial sign on that establishes your connection to the Services.

Payment Account: The checking account you designate through Bill Pay from which your bill payments and all fees for Bill Pay will be automatically debited.

Payment Instruction: The information provided by you to the Provider for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).

Payee: The person or entity to which you wish a bill payment to be directed or the person or entity from which you receive electronic bills, as the case may be.

Premium Overdraft: A discretionary service offered by Cross County Savings Bank to pay an item when you do not have enough money in your Online Account(s) to cover the transaction.

Provider: Cross County Savings Bank through FIS™ Metavante payment services, or other third-party payment service.

Scheduled Payment: A payment that has been scheduled through the Bill Pay but has not begun processing.

Scheduled Payment Date: The day you want your Scheduled Payment to be sent to your Payee and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the next Business Day.

Service: The Online Banking service, which may also include the Bill Payment service, Mobile Deposit service and other services made available hereunder by Cross County Savings Bank (each, a "Service" and, collectively, the "Services")

User ID: The identification code associated with you for your connection to the Services; and

You or your: refers to the owner(s) of the Online Account(s) or the Authorized Representative of the owner.

2. Access to Services

Online help/support screens will guide you on how to use the Services. You will gain access to your Online Account(s) through the use of your Internet-Enabled Device, your ISP, your Password and your User ID. You may access your Online Account(s) 24 hours a day, seven (7) days a week, provided, however, that the Services may be unavailable for brief periods of time for purposes of maintenance, updating and revising the software, and for reasons beyond the Bank's control.

3. Terms and Conditions for the Services

3.1. Bank Agreements. You agree to be bound by this Agreement and, further, to comply with the requirements of all other agreements, rules, regulations, policies and practices of the Bank applicable to each of your Online Accounts, products and services, including, but not limited to, your agreement to the terms and conditions for Bill Pay and Mobile Deposit.

Your initial sign-on and, if applicable, your later enrollment in Bill Pay and/or Mobile Deposit each constitute your Electronic Signature and will be binding upon you as your legal signature. Similarly, each time you use your User ID and Password shall also constitute your binding legal signature.

By your use of Online Banking and the Services you further acknowledge receipt of these agreements and disclosures and intend to be bound by them. You should review all account disclosures as well as the Bank's fee schedule.

3.2. Changes and Modifications. The Bank may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you either by first-class mail and/or via e- mail. You will be deemed to have received any notice sent to you by first class mail three Business Days after it is sent, and any notice sent to you by e-mail on the following Business Day. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may terminate this Agreement and your use of the Services in whole or in part at any time without prior notice. We may modify the Bank's Online Banking application from time to time in our sole discretion. You also accept responsibility for using your Internet-Enabled Device and we will not be liable to you for any losses caused by your failure to properly use the Services on your Internet-Enabled Device.

3.3. Assignment. We may assign this Agreement 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 your prior written consent.

3.4. Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you by first class mail and/or electronically, at the Bank's discretion. You hereby authorize us to send any and all notices or communications under this Agreement for Online Banking and the Services to you electronically and you will keep your email address(es) with us up-to-date.

3.5. Disclosure of Information. We will only disclose information to third parties about your Online Account or transfers you make under the following circumstances:

(a) where it is necessary for the provision of the Services and for completing transfers;

(b) in order to verify the existence and condition of your Online Account for a third party, such as a credit bureau or merchant;

(c) in order to comply with government or court orders, or other reporting requirements;

(d) if you give us your permission;

(e) to the Bank affiliated companies; and/or,

(f) as explained in our Privacy Disclosure provided to you.

3.6. Governing Law. This Agreement is governed by the laws of the State of New York and applicable federal law.

3.7. Liability. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW. 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, THE SERVICES OR RESULTING FROM YOUR ACCESS TO OR FAILURE TO ACCESS ONLINE BANKING OR THE SERVICES.

3.8. Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, trustees, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to the Services.

3.9. 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 such as Google Chrome, Safari, Firefox, or Microsoft (Microsoft Explorer browser), or by an ISP.

3.10. Liability for Authorized Representative. Any Authorized Representative will have sole access to Online Banking and will have the ability to designate additional authorized persons ("Users") to use the Services. You understand that the Bank will have no liability for any actions taken by the Authorized Representative or User(s) with regards to the Services and that any actions by the Authorized Representative or any User will be deemed authorized by you.

3.11. Virus Protection. The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your Internet-Enabled Device using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware and thereby impact the Services.

II. ONLINE BANKING

The following are the terms for using the Online Banking Service ("OLB Agreement"):

1. Banking Transactions with Online Banking

1.1. Account Access. At initial registration you can designate access for up to Five (5) Online Accounts. They can be checking, savings, certificate of deposit or loan accounts. If access to more than Five (5) Online Accounts is needed, you may request to have additional Online Accounts added to your profile through the Online Banking Service. You may also request to have Online Accounts removed from your profile through the Online Banking Service. The Bank may, at its discretion, increase or decrease the number of Online Accounts that may be designated during the initial registration to the Online Banking Service.

1.2. Types of Available Transfers and Services. You may use Online Banking Services to do the following:

(a) Balance Inquiries. Inquire as to the balance in your Online Account(s) and obtain account activity information for your Online Account(s).

(b) Transfer Funds. You may use Online Banking to transfer funds between your linked Online Account(s). You may make one-time transfers or schedule future or recurring transfers such as transfers to make loan payments. You may also transfer funds between your checking and savings accounts, and, upon prior approval from the Bank, transfer funds from the unused credit line of your HELOC loan account(s) to your checking and/or savings account. You may not transfer funds from your passbook account to your other Online Accounts.

NOTE: Because regulations require the Bank to limit preauthorized transfers (including Online Banking transfers) to third parties, the following limitations apply:

Savings account. You can make no more than six (6) transfers per statement cycle to a third party by preauthorized or automatic transfer or by telephone or Online Banking.

(c) E-Statements. If you are enrolled in the Bank's E-Statement Services, you will continue to receive your regular account statement by mail with imaged checks, either monthly or quarterly, depending on the type of account and/or the nature of your account activity, unless you specifically designate otherwise in the Bank's E-Statement Services.

(d) Additional Services. New Services may be introduced for Online Banking 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 that will apply to these Services.

2. Schedule of Fees

The Bank offers the benefits and convenience of Online Banking to you for free. However, all other service charges applicable to the Bank's accounts will continue to apply. The Bank reserves the right to change its fee policy for the Services at any time and will make you aware of this change to the extent required by law. You acknowledge and agree that your use of the Services may result in charges being assessed by your ISP and/or wireless carrier. You are responsible for any fees or other charges that your ISP may charge for any related data or message services. Please refer to the Bank's Fee Schedule for more information regarding fees that may apply to your accounts with the Bank.

3. Use of Your Security Password

You are responsible for keeping your Password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:

3.1. Do not give out your Online Account information, Password, or User ID;

3.2. Do not leave your Internet-Enabled Device unattended while you are in the Bank's Online Banking site (for your protection you may be automatically signed off after a period of inactivity as determined by the Bank);

3.3. Never leave your Online Account information within the range of others;

3.4. Do not send your privileged Online Account information, Password or User ID in any public or general e-mail system; and

3.5. For security purposes, it is recommended that you periodically change your Password.

Upon five (5) unsuccessful attempts to use your Password, your access to the Services will be revoked. To re-establish your Password to use the Services, you must access the Online Banking home page and request that your Password be reset. The Bank may, at its discretion, change the number of unsuccessful attempts to use a Password that will result in the Services being revoked.

If you believe your Password has been lost or stolen, or if you suspect any fraudulent activity on your Online Account(s), call the Bank's Online Banking department immediately at 718-326-6300 between the hours of 8:30 a.m. Eastern Time to 4:30 p.m. Eastern Time, Monday through Friday. Telephoning the Bank is the best way of minimizing your losses and liability. (See: Section 7 of Article II)

If you believe your Password has been compromised, please immediately change your Password within the Online Banking website.

4. Electronic Mail (E-mail)

If you send the Bank an e-mail message, the Bank will be deemed to have received it on the following Business Day. You should not rely on e-mail if you need to report an unauthorized transaction from one of your Online Account(s) or if you need to stop a payment that is scheduled to occur.

NOTE: E-mail transmissions are not secure. We advise you not to send us or ask for sensitive information such as account numbers, Password, account information, etc. via any general or public e-mail system.

5. Linked Accounts

All accounts with the Bank that you enroll in the Online Banking Service will be linked by the tax identification number of the person or entity who holds more than one Online Account. The linked accounts will appear together without regard to the ownership of the accounts. For example, if an authorized User of a linked account accesses Online Banking, that authorized User will be able to view and access at a single time any consumer accounts to which the same tax identification number applies.

6. Term and Termination

6.1. Term. This OLB Agreement will become effective when you are approved for Online Banking by the Bank, and shall remain in full force and effect until termination in accordance with this OLB Agreement.

6.2. Termination for Cause or Without Cause. We may terminate this OLB Agreement and your use of Online Banking in whole or in part at any time without prior notice. If Online Banking is terminated then the related Services will terminate concurrently with your termination of this OLB Agreement. We may take such action for any reason including, but not limited to, the following circumstances:

(a) you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing; or

(b) due to inactivity for a 180-day period or more, including, without limitation, if you do not sign on to the Service(s) through Online Banking or have any transactions scheduled through the Service(s) during any consecutive 180-day period.

6.3. Termination for Convenience. To terminate this OLB Agreement, you must notify the Bank and provide your name, address, and the termination date. If Online Banking is terminated then the related Services will terminate concurrently with your termination of this OLB Agreement. You may notify the Bank by one of the following methods:

(a) By sending an e-mail to [email protected];

(b) By calling the Bank's Online Banking Department at 718-326-6300, Monday to Friday: 8:30 a.m. Eastern Time to 4:30 p.m. Eastern Time; and/or,

(c) By writing a letter and either sending it to the following address (please note that such termination is not effective until the Bank has had sufficient time to receive and process the letter):

Attention: Online Banking Department
Cross County Savings Bank
79-21 Metropolitan Avenue
Middle Village, NY 11385

or giving it to a customer service representative at any of the Bank's branches.

6.4. Re-Activation of Services. If your Service(s) are discontinued, you must complete the registration process to have the Service(s) re-activated.

7. Electronic Fund Transfer Provisions (Applies to Consumer Customers Only)

7.1. Applicability. The provisions under this Section 7 of Article II only apply to the extent applicable under Federal Reserve Board Regulation E FOR CONSUMER CUSTOMERS OF THE BANK ONLY. THIS ARTICLE DOES NOT APPLY TO BUSINESS CUSTOMERS. For instance, these provisions will generally apply to: Online electronic fund transfers that credit or debit a consumer checking, savings or other account established primarily for personal, family or household purposes. When applicable, the Bank may rely on any exceptions to these provisions that are contained in Regulation E.

7.2. Your Liability. Tell us AT ONCE if you believe your Password has been lost or stolen. Telephoning is the best way to keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit if applicable). If you tell us within 2 business days after learning of unauthorized access to your Online Account(s), you can lose no more than $50 if someone used your Password without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.

Also if your statement shows electronic fund transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was sent to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

7.3. Telephone Numbers and Addresses for Unauthorized Transfers. If you believe your Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission: Call the Online Banking Department at 718-326-6300, Monday to Friday 8:30 a.m. Eastern Time � 4:30 p.m. Eastern Time, send an e-mail to [email protected], visit us at a local Cross County Savings Bank branch, or write us as soon as possible at:

Attention: Online Banking Department
Cross County Savings Bank
79-21 Metropolitan Avenue
Middle Village, NY 11379

7.4. In Case of Errors or Questions About Your Electronic Fund Transfers.

Telephone us at 718-326-6300, send an e-mail to [email protected], visit us at a local Cross County Savings Bank branch or write us at 79-21 Metropolitan Avenue, Middle Village, N.Y. 11379 as soon as you can, if you think your statement is wrong or if you need more information about an electronic fund transfer listed on the statement. We must hear from you at the telephone number or address listed above as soon as possible, but no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:

(a) Your name and account number;

(b) A description of the error or the electronic fund transfer in question and an explanation concerning why you believe it is an error or need more information; and

(c) The dollar amount of the suspected error and date on which it occurred.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will try to determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 Business Days for the amount you think is in error. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.

For errors involving certain new accounts, point-of-sale, or foreign initiated transactions, we may take up to 90 days to investigate your compliant or question. For new accounts, we may take 20 business days to credit your account for the amount you think is in error.

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 ask for copies of the documents that we used in our investigation.

8. Liability

For any internal transfers only, if we do not complete a transfer to or from your Online Account(s) on time or in the correct amount according to our agreement with you, we may be liable for any fees for insufficient funds. However, there are some exceptions. We will not be liable to you in the following instances, except as otherwise required by law:

8.1. If through no fault of the Bank, you do not have enough money in your Online Account(s) to make the transfer;

8.2. If the transfer would go over the limit on your Premium Overdraft, if applicable;

8.3. If the Internet-Enabled Device you are working on was not working properly and you knew about the breakdown when you started the transfer;

8.4. If circumstances beyond our control (such as, but not limited to, fire, flood or interference from an outside force) prevent the transfer, despite reasonable precautions that we have taken;

8.5. If you believe someone has accessed your Online Account(s) without your permission and you fail to notify the Bank immediately;

8.6. If you have not properly followed the instructions on how to make a transfer included in this OLB Agreement;

8.7. If your Online Account is subject to a legal process, lien or other encumbrance restricting the transfer; and/or,

8.8. If there are any other applicable exceptions stated in our agreements with you.

III. BILL PAYMENT SERVICE

The following are the terms for using Bill Pay ("Bill Pay Agreement"):

1. Bill Pay Description Of Service

Bill Pay permits you to use your Internet-Enabled Device to direct payments from your designated Payment Account to eligible third parties you wish to pay. You can arrange, at your option, for the payment of your current, future and recurring bills from a designated Payment Account, up to a maximum of $9,999.99 per item per Business day and an aggregate maximum of $19,999.99 per Business Day. These amounts are subject to change at the discretion of Cross County Savings Bank. Through Bill Pay, you can pay bills from your Payment Account to businesses or individuals.

All payments you make will be deducted from the Payment Account. Any payments you wish to make through Bill Pay must be payable in U.S. dollars to a Payee located within the United States.

Provider reserves the right to restrict types of payees to whom payments may be made using Bill Pay from time to time. Tax payments and court ordered payments may be scheduled through Bill Pay; however such payments are discouraged and must be scheduled at your own risk.

2. Payment Methods

The Provider reserves the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but are not be limited to, an electronic payment, an electronic to check payment, or a paper draft payment. 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 the Provider 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.

3. Payment Scheduling

Bill Pay transactions will be processed and completed on your selected Scheduled Payment Date, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be processed on the next Business Day. It is understood by you that the time required for the Payee to receive the remitted funds will depend upon the payment method selected by the Provider and you must allow sufficient time for the Payee to receive and process the Bill Pay transactions to ensure that the payment posts by the Due Date. Scheduled Payment Dates occurring on non-Business Days and/or circumstances beyond the control of Provider, particularly delays by the Payee and the Payee's banks or agents in the handling and posting of these bill payments, may result in the Payee taking longer to post the remitted funds to your account at the Payee. For this reason, Provider recommends that you select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Payee statement, unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates should be at least seven (7) Business Days prior to any late date or grace period. You agree that Provider will not be responsible for any payment that is received or posted by the Payee after the grace period or 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.

4. Payment Authorization and Payment Remittance

By providing the Provider with names and account information of Payees to whom you wish to direct payments, you authorize the Provider to follow the Payment Instructions that it receives through Bill Pay. In order to process payments more efficiently and effectively, the Provider may edit or alter payment data or data formats in accordance with Payee directives.

When the Provider receives a Payment Instruction, you authorize the Provider to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Provider to credit your Payment Account for payments returned to the Provider by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of Bill Pay.

The Provider will use its best efforts to make all your payments properly. However, Provider shall incur no liability and any Payment Guarantee shall be void if the Provider is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

4.1. If, through no fault of the Provider, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the limit of your Premium Overdraft, if applicable;

4.2. The payment processing center is not working properly and you know or have been advised by the Provider about the malfunction before you execute the transaction;

4.3. You have not provided the Provider with the correct Payment Account information, or the correct name, address, phone number, or account information for the Payee;

4.4. Circumstances beyond control of the Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Provider has taken reasonable precautions to avoid those circumstances;

4.5. The funds in your Payment Account are unavailable;

4.6. The funds in your Payment Account are subject to legal process or court order;

4.7. If you haven't properly followed our instructions;

4.8. You don't authorize a Bill Pay transaction within the time frame required for it to reach the Payee by its Due Date;

4.9. Your Password has been reported lost or stolen;

4.10. Your Bill Pay service privileges have been suspended;

4.11. We have reason to believe that the Bill Pay transaction requested is unauthorized; and/or,

4.12. The Bill Pay transaction would exceed the monetary limitations on the use of the Bill Pay service.

Provided none of the foregoing exceptions are applicable, if the Provider causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Payee which does not comply with your Payment Instructions, the Provider shall only be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Payee any previously misdirected transactions, except as otherwise required by law.

5. Payment Guarantee

If a properly scheduled Bill Pay payment is not received and posted on time by the Payee, we will attempt to have any late payment related charges removed by the Payee. If the Payee is unwilling or unable to remove them, upon submission of the required documentation to us, Provider will bear responsibility for any late payment related charges up to $50.00 should a payment post after its late date or grace period date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Bill Pay Agreement and you have complied with all other requirements contained in this Bill Pay Agreement.

6. Payment Cancellation Requests

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within our online platform for using Bill Pay. There is no charge for canceling or editing a Scheduled Payment. Once Bill Pay has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

7. Stop Payment Requests

The Provider's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Provider may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact the Online Banking Department at Cross County Savings Bank at 718-326-6300 between the hours of 8:30 a.m. Eastern Time to 4:30 p.m. Eastern Time, Monday through Friday. Although the Provider will make every effort to accommodate your request, the Provider will have no liability for failing to do so. The Provider may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for stop payments as set out in the applicable Fee Schedule provided by Cross County Savings Bank. Please refer to the Bank's Fee Schedule for more information regarding fees that may apply to your accounts with the Bank.

8. Prohibited Payments

Payments to Payees outside of the United States or its territories are prohibited through Bill Pay.

You agree not to use the Bill Pay service 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. or its territories. You agree not to make any payments to settle securities transactions. You agree that if you attempt to make such payments, Cross County Savings Bank, the Provider and its respective Agents will not be responsible for that payment.

The Provider reserves the right to refuse to pay any Payee to whom you may direct a payment. The Provider will notify you promptly if Provider decides to refuse to pay a Payee designated by you, notification will not be required if you attempt to make a payment prohibited under this section.

9. Exception Payments

Tax payments and court ordered payments ("Exception Payments") may be scheduled through Bill Pay, however such Exception Payments are discouraged and must be scheduled at your own risk. In no event shall the Provider be liable for any claims or damages resulting from the Exception Payments. The Payment Guarantee as it applies to any late payment related changes is void when Exception Payments are scheduled and/or processed by the Provider. The Provider has no obligation to research or resolve any claim resulting from an Exception Payment. All research and resolution for any misapplied, mis-posted or misdirected Exception Payments will be the sole responsibility of you and not of the Provider.

10. Bill Delivery and Presentment

Bill delivery and presentment involves the presentment of electronic bills only and it is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of Bill Pay's electronic bill options, you also agree to the following:

10.1. Information provided to the Payee - The Provider is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Payee sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill;

10.2. Activation - Upon activation of the electronic bill feature the Provider may notify the Payee of your request to receive electronic billing information. 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. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills;

10.3. Notification - The Provider will use its best efforts to present all of your electronic bills promptly. In addition to notification within Bill Pay, the Provider may send an e-mail notification to the e-mail address, or a text to your Internet-Enabled Device listed for your Payment 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 logon to 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 ensuring timely payment of all bills;

10.4. Cancellation of electronic bill notification - The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. 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. The Provider will notify your electronic Payee(s) 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. The Provider will not be responsible for presenting any electronic bills that are already in process at the time of cancellation;

10.5. Non-Delivery of electronic bill(s) - You agree to hold the Provider and their affiliate companies, trustees, directors, officers, employees harmless should the Payee fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly; and,

10.6. Accuracy and dispute of electronic bill � Your Provider is not responsible for the accuracy of your electronic bill(s). The Provider is only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly. This Bill Pay Agreement does not alter your liability or obligations that currently exist between you and your Payees.

11. Password and Security

You agree not to give or make your Password or other means to access your Payment Account available to any unauthorized individuals. You are responsible for all payments you authorize using Bill Pay. If you permit other persons to use Bill Pay or your Password or other means to access your Payment Account, you are responsible for any transactions they authorize. If you believe that your Password or other means to access your Payment Account has been lost or stolen or that someone may attempt to use Bill Pay without your consent or has transferred money without your permission, you must notify our Online Banking Department at once by calling at 718-326-6300 between the hours of 8:30 a.m. Eastern Time to 4:30 p.m. Eastern Time, Monday through Friday.

12. Your Liability for Unauthorized Transfers � CONSUMERS ONLY

12.1. Applicability. The provisions under this "Section 12 ONLY APPLY TO CONSUMER CUSTOMERS of Cross County Savings Bank to the extent applicable under Federal Reserve Board Regulation E. THIS SECTION DOES NOT APPLY TO BUSINESS CUSTOMERS. For instance, these provisions will generally apply to: Online electronic fund transfers that credit or debit a consumer checking, savings or other account established primarily for personal, family or household purposes. When applicable, we may rely on any exceptions to these provisions that are contained in Regulation E.

12.2. Liability. If you tell us within two (2) Business Days after you discover your password or other means to access your Payment Account has been lost or stolen, your liability is no more than $50.00 should someone access your Payment Account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your Payment Account if you had told us, you could be liable for as much as $500.00. If your monthly bank statement contains electronic fund transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time.

If you think your statement is incorrect, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:

(a) Tell us your name and Bill Pay account number;

(b) Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,

(c) Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of their investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in the investigation. We may revoke any provisional credit provided to you if they find an error did not occur.

13. Questions

In case of questions about Bill Pay, you may also contact Metavante directly via one of the following:

13.1. Telephone the appropriate department at Metavante during customer service hours at:

For Questions Related to:

Payment Research: (866) 400-6972

Collections: (800) 873-5869 or (800) 741-1969

13.2. Contact Metavante by using the application's e-messaging feature; and/or,

13.3. Write to Metavante at:

FIS
601 Riverside Avenue
Jacksonville, FL 32204

14. Disclosure Of Account Information To Third Parties

It is Provider's general policy to treat your Payment Account information as confidential. However, Provider will disclose information to third parties about your Payment Account or Bill Pay transactions you make ONLY in the following situations:

14.1. Where it is necessary for completing Bill Pay transactions;

14.2. Where it is necessary for activating additional services for Bill Pay;

14.3. In order to verify the existence and condition of your Payment Account to a third party, such as a credit bureau or Payee;

14.4. To a consumer reporting agency for research purposes only;

14.5. In order to comply with a governmental agency or court orders;

14.6. If you give Provider your written permission; or,

14.7. As provided in our Privacy Policy provided to you.

15. Service Fees and Additional Charges

Any applicable fees will be charged regardless of whether Bill Pay was used during the billing cycle. There may be a charge for additional transactions and other optional services for Bill Pay. You agree to pay such charges and authorize the Provider to deduct the calculated amount from your designated Payment Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. Please refer to the Bank's Fee Schedule for more information regarding fees that may apply to your accounts with the Bank.

16. Failed or Returned Transactions

In using Bill Pay, you are requesting the Provider to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. We may, however, elect at our sole discretion to complete the transaction notwithstanding any issues associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction). If we elect to do so, you will receive a return notice from the Provider. In such case, you agree that:

16.1. You will reimburse the Provider immediately, upon demand, the transaction amount that has been returned to the Provider;

16.2. For any amount not reimbursed to the Provider within fifteen (15) days of the initial notification, a late charge equal to 1% monthly interest or the legal maximum interest rate allowed by law, whichever rate is lower, for any unpaid amounts may be imposed and you hereby authorize Provider to debit any and all late charges from your Payment Account;

16.3. You will reimburse Metavante for any fees it imposes through Provider as a result of the return;

16.4. You will reimburse Provider for any service charges applicable to the Payment Account as a result of the return;

16.5. You will reimburse the Provider for any fees it incurs in attempting to collect the amount of the return from you; and,

16.6. The Provider is authorized to report the facts concerning the return to any credit reporting agency.

17. Payee Limitation

The Provider reserves the right to refuse to pay any Payee to whom you may direct a payment. The Provider will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an Exception Payment under this Bill Pay Agreement.

18. Returned Payments

In using Bill Pay, you understand that Payees and/or the United States Postal Service may return payments to the Provider for various reasons such as, but not limited to, Payee's forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. The Provider will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Account. You may receive notification from the Provider.

19. Information Authorization

Your enrollment in Bill Pay may not be fulfilled if the Provider cannot verify your identity or other necessary information. If your account was added online the Provider may issue offsetting debits and credits to the Payment Account(s), and require confirmation of such from you in order to verify ownership of the Payment Account(s). Through your enrollment in Bill Pay, you agree that the Provider reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Provider reserves the right to obtain financial information regarding your account from a Payee or your financial institution (for example, to resolve payment posting problems or for verification).

20. Bill Pay General Terms and Conditions

20.1. Alterations and Amendments. This Bill Pay Agreement, applicable fees and service charges may be altered or amended by the Provider from time to time. In such event, the Provider shall provide notice to you. Any use of Bill Pay after the Provider provides you a notice of change will constitute your agreement to such change(s). Further, the Provider may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Provider reserves the right to terminate this Bill Pay Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only Bill Pay's more recent revisions and updates.

20.2. Address or Banking Changes. It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Cross County Savings Bank's Online Banking Department. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Provider is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

20.3. Bill Pay Termination, Cancellation, or Suspension. Bill Pay service may be canceled or suspended at any time by the Provider without prior notice to you for any reason, including due to insufficient funds in one of your Payment Accounts. After cancellation, Bill Pay services may be reinstated at the discretion of the Provider once sufficient funds are available in your Payment Account(s) to cover any fees and other pending transfers or debits. In order to request reinstatement of your Bill Pay services, you must call Cross County Savings Bank's Online Banking Department at 718-326-6300. Additionally, if you do not schedule or process a Bill Pay transaction for any one hundred and eighty (180) day period, we reserve the right to disconnect your Bill Pay service. Please note that it is possible your Payee Information may be lost if you are disconnected.

If you wish to cancel Bill Pay, you may have the ability to do so through Cross County Savings Bank's Online Banking portal, or you may contact Cross County Savings Bank via one of the following:

(a) Telephone Cross County Savings Bank at 718-326-6300 during customer service hours; and/or,

(b) Write Cross County Savings Bank (please note that such termination, cancellation or suspension is not effective until the Cross County Savings Bank has had sufficient time to receive and process the letter request) at: Cross County Savings Bank Online Banking Department 79-21 Metropolitan Avenue, Middle Village, NY 11379

Any payment(s) the Provider has already processed before the requested cancellation date will be completed by the Provider. All Scheduled Payments including recurring payments will be deleted once Bill Pay is cancelled. However, we strongly suggest that you cancel all future Bill Pay transactions at the same time that you cancel your Bill Pay service by deleting those payments yourself using the Bill Pay service. This will ensure that future Bill Pay transactions made by you will not be duplicated.

Neither termination nor suspension shall affect your liability or obligations under this Bill Pay Agreement. If Bill Pay is terminated, any future, prescheduled bill payments made through Bill Pay will also be terminated. We will, however, continue to maintain your Payment Account(s) until you notify us otherwise.

20.4. Disputes. In the event of a dispute regarding Bill Pay, you and the Provider agree to resolve the dispute by looking to this Bill Pay Agreement. You agree that this Bill Pay Agreement is the complete and exclusive statement of the agreement between you and the Provider which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Provider relating to the subject matter of this Bill Pay Agreement. If there is a conflict between what an employee of the Provider or Online Banking Department says and the terms of this Bill Pay Agreement, the terms of this Bill Pay Agreement will prevail.

20.5. Assignment. You may not assign this Bill Pay Agreement to any other party. The Provider may assign this Bill Pay Agreement to any future, directly or indirectly, affiliated company. The Provider may also assign or delegate certain of its rights and responsibilities under this Bill Pay Agreement to independent contractors or other third parties.

20.6. No Waiver. The Provider shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Provider. No delay or omission on the part of the Provider in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

20.7. Captions. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Bill Pay Agreement.

20.8. Governing Law. This Bill Pay Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions.

20.9. EXCLUSIONS OF WARRANTIES .

BILL PAY AND ITS RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING SHALL CONSTITUTE THE PROVIDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR BILL PAY.

IV. MOBILE DEPOSIT SERVICE

The following are the terms for using Mobile Deposit services ("Mobile Deposit Agreement"):

1. Description of Mobile Deposit services

Mobile Deposit is designed to allow you to make deposits of original checks (the "Original Checks" or "Items") to your eligible Cross County Savings Bank consumer deposit account(s) by scanning the original checks and delivering the digital images and associated deposit information (the "Images") to Cross County Savings Bank or its processor with your mobile and/or electronic device ("Mobile Deposit"). Mobile Deposit is only offered for consumer deposit account(s). After you login to your Cross County Savings Bank Mobile Banking App, you may apply and/or enroll for Mobile Deposit. When you sign up for Mobile Deposit, you agree to the terms of this Mobile Deposit Agreement in addition to the terms of your Cross County Savings Bank deposit account agreement and disclosures, which is currently referred to as All About Your Account(s) � Terms & Disclosures (the "Account Agreement"), as same may be amended from time to time.

2. Authorization

By engaging in Mobile Deposit, you are subscribing to the Mobile Deposit services and authorizing Cross County Savings Bank to take any and all actions necessary to provide Mobile Deposit services, including the making of entries, both credits and debits, to and from your Cross County Savings Bank deposit account(s), as described and subject to the terms in this Mobile Deposit Agreement.

3. Limits

Cross County Savings Bank may establish and/or change limits on your Mobile Deposit, including, without limitation, the dollar amount (the "Daily Deposit Limit" or the "Monthly Deposit Limit") and/or number of items or deposits permitted from time to time (the "Velocity Limit"). If you attempt to initiate a deposit using Mobile Deposit in excess of these limits, Cross County Savings Bank may reject your deposit. If Cross County Savings Bank permits you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Mobile Deposit Agreement, and Cross County Savings Bank will not be obligated to allow such a deposit at other times. Mobile Deposit is limited currently to the following:

3.1. Daily Deposit Limit: $1,000.00 per Business Day. For purposes of this Mobile Deposit Agreement, a Business Day shall mean every day of the week starting at 5:00 P.M. ET and ending 24-hours thereafter, except for Saturdays, Sundays and Federal holidays. By way of example, if a Mobile Deposit is made at any time after 5:00 P.M. ET on a Friday, it will be considered deposited on Monday and the aggregate Daily Deposit Limit from 5:00 P.M. ET on Friday through and including Monday until 5:00 P.M. ET shall be $1,000.00.

3.2. Velocity Limit : You may conduct no more than ten (10) transactions in a Business Day. You will be unable to use Mobile Deposit if you exceed this Velocity Limit in a Business Day for the remainder of that Business Day even if you have not exceeded your Daily Deposit Limit.

3.3. Monthly Deposit Limit: $15,000.00 per Month. For purposes of this Mobile Deposit Agreement, a Month shall mean a rolling period consisting of the last 30 consecutive days with each day during said period starting at 3:00 A.M. ET and ending 24-hours thereafter. You will be unable to use Mobile Deposit while you exceed the Monthly Deposit Limit even if you have not exceeded your Daily Deposit Limit or Velocity Limit.

4. Eligibility

To use Cross County Savings Bank Mobile Deposit, you must be a customer of Cross County Savings Bank with an eligible checking or savings account and your account must be in good standing. Failure to abide by the terms of this Mobile Deposit Agreement may void your eligibility for Mobile Deposit at Cross County Savings Bank's sole and absolute discretion. Cross County Savings Bank reserves the right to determine, in its sole discretion, the nature and extent of the Mobile Deposit services to be provided, and to amend same from time to time.

5. Eligible items

You agree to scan and deposit only checks (i.e., drafts payable on demand and drawn on a credit union, savings and loan or bank that: (1) is organized under the laws of the United States or any state thereof, or in the case of a United States office of a foreign banking organization is licensed under the laws of the United States or any state thereof; (2) is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and/or credit unions; and (3) is a member of the Federal Deposit Insurance Corporation, or the National Credit Union Administration).

You agree that you will NOT use Mobile Deposit to deposit:

5.1. Checks drawn on your account;

5.2. Checks made payable to cash;

5.3. Checks stamped with a "non-negotiable" watermark;

5.4. Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you);

5.5. Checks payable to you and another party who is not a joint owner on the account;

5.6. Checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;

5.7. Checks that are "stale dated" (more than six months old) or "postdated" (dated later than the actual date);

5.8. Checks that have been previously negotiated;

5.9. Checks that are incomplete;

5.10. Savings Bonds;

5.11. Checks that are payable in foreign currency (i.e., not payable in U.S. dollars); and/or,

5.12. Foreign checks issued by a financial institution in another country.

6. Requirements

Each Image must provide all information on the front and back of the Original Checks at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the Original Check and any endorsements applied to the back of the original check. The Image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.

Endorsements must be made on the back of the draft or Original Checks within 1_ inches from the top edge, although Cross County Savings Bank may accept endorsements outside this space. Your endorsement must include your signature and the following specific endorsement: "For Deposit Only at Cross County Savings Bank, Account [#]". Any loss Cross County Savings Bank incurs from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.

A check payable to two payees must be endorsed by both payees and both payees must be joint owners on the account. If the check is made payable to you and your joint owner, both of you must endorse the check. If the check is payable to you or your joint owner, either of you can endorse it.

7. Hardware

In order to use Mobile Deposit you'll need to obtain and purchase and/or lease the hardware and software that is required to use Mobile Deposit, including, without limitation, an Apple iPhone or Android Smartphone with a working camera that is capable of downloading and running the Cross County Savings Bank Mobile Banking App. The Cross County Savings Bank Mobile Banking App for both iPhone and Android devices is provided at no cost to you. Wireless carrier data usage rates and/or internet service fees may apply.

8. Receipt of Deposit

All Images processed for deposit through Mobile Deposit will be treated as "deposits" under your then current Account Agreement and will be subject to all terms of the Account Agreement. When Cross County Savings Bank receives an Image, Cross County Savings Bank will confirm receipt electronically either via the Cross County Savings Bank Mobile Banking App, by email to you, or by any other means selected by Cross County Savings Bank. Cross County Savings Bank shall not be deemed to have received the Image for deposit until Cross County Savings Bank has confirmed receipt to you. Confirmation does not mean that the Image is free from errors.

Cross County Savings Bank is not responsible for any Image that it does not receive. Following receipt, Cross County Savings Bank may process the Image by preparing a "substitute check" or clearing the Item as an Image.

Cross County Savings Bank reserves the right, at its sole and absolute discretion, to reject any Image for remote deposit into your account. Cross County Savings Bank will notify you of rejected Images. Please refer to the Account Agreement, including the funds availability terms and disclosures (the "Funds Availability Disclosure") contained therein, for details.

9. Original Checks

After you receive confirmation that Cross County Savings Bank has received an Image, you must securely store the Original Check for 60 business days after transmission to Cross County Savings Bank and make the Original Check accessible to Cross County Savings Bank at its request. Upon Cross County Savings Bank's request from time to time, you will deliver to Cross County Savings Bank within 5 business days, at your expense, the requested Original Check in your possession. If not provided within 5 business days the amount of the Original Check being requested, the deposit will be reversed from your account. Promptly after 60 business days from the Mobile Deposit of the Original Check, you must destroy the Original Check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an Original Check, the Image will be the sole evidence of the original check.

You agree that you will never re-present the Original Check if the deposit is accepted. You understand that you are responsible if anyone is asked to make a payment based on an Original Check that has already been paid.

10. Returned Deposits

Any credit to your account for checks deposited using Mobile Deposit is provisional. Please refer to the Funds Availability Disclosure for details regarding when the funds for the Item will be available. If Original Checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the Image, you agree that an Original Check will not be returned to you, but that Cross County Savings Bank may charge back the amount of the Original Check and provide you with an Image of the Original Check, a paper reproduction of the Original Check or a substitute check. You will reimburse Cross County Savings Bank for all loss, cost, damage or expense caused by or relating to the processing of the returned Item. Without the approval of Cross County Savings Bank, you shall not attempt to deposit or otherwise negotiate an Original Check if it has been charged back to you.

Cross County Savings Bank may debit, subject to applicable laws, any account in which you have an ownership interest to obtain payment for any Item that has been rejected or returned, for any adjustment related to such Item or for any warranty claim related to such Item, whether or not the rejection, return, adjustment or warranty claim was made timely.

11. Your Warranties

You make the following warranties and representations with respect to each Image:

11.1. Each Image is a true and accurate rendition of the front and back of the Original Check, without any alteration, and the drawer of the check has no defense against payment of the check;

11.2. The amount, payee(s), signature(s), and endorsement(s) on the Image and on the Original Check are legible, genuine, and accurate;

11.3. You will not deposit or otherwise endorse to a third party the Original Check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Original Check or a paper or electronic representation of the Original Check such that the person will be asked to make payment based on an Item that has already been paid;

11.4. There are no other duplicate Images of the Original Check;

11.5. The Original Check was authorized by the drawer in the amount stated on the Original Check and to the payee(s) stated on the Original Check;

11.6. You are authorized to enforce and obtain payment of the Original Check; and,

11.7. You have possession of the Original Check and no party will submit the Original Check for payment.

With respect to each Image, you make all representations and warranties to Cross County Savings Bank that Cross County Savings Bank makes or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and Images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on Cross County Savings Bank's network, data, or related systems.

12. Compliance with Law

You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable Items for deposit and have handled the original Items in accordance with applicable laws, rules and regulations.

13. Mobile Deposit Unavailability

Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. In the event that Mobile Deposit is unavailable, you may deposit Original Checks at Cross County Savings Bank's branches or through Cross County Savings Bank's ATMs or by mailing the Original Check to:

Cross County Savings Bank
79-21 Metropolitan Avenue
Middle Village, New York 11379

14. Funds Availability

Subject to the limitations set forth herein regarding rejected Images and provisional deposits, Mobile Deposits confirmed as received before 5:00 P.M. Eastern Time on a Business Day will be credited to your account the same day. Deposits confirmed received after 5:00 P.M. Eastern Time (the "Cut-Off Time") and deposits confirmed received on Saturday, Sunday or Federal holidays will be credited to your account on the following Business Day. Cross County Savings Bank reserves the right, in its sole discretion, to change the Cut-Off Time, from time to time, including but not limited to during emergency or other unforeseen events. Funds will be available as described in the Funds Availability Disclosure. You authorize and agree that Cross County Savings Bank may, however, delay availability of funds from any deposit you make through Mobile Deposit, at any time, in Cross County Savings Bank's sole discretion, including due to any concern or doubt Cross County Savings Bank may have regarding the validity or collectability of any check Image that you present.

15. Business Days

Every day is a business day, except Saturdays, Sundays and Federal holidays.

16. Mobile Deposit Security

You will complete each Mobile Deposit promptly. If you are unable to complete your Mobile Deposit promptly, you will ensure that your mobile device remains securely in your possession until the Mobile Deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized Mobile Deposits. You will notify Cross County Savings Bank immediately by telephone to (718) 326-6300 and also provide written confirmation if you learn of any loss or theft of Original Checks. You will ensure the safety and integrity of Original Checks from the time of receipt until the time of destruction. If warranted in Cross County Savings Bank's reasonable judgment, Cross County Savings Bank may audit and monitor you, and you agree to cooperate with Cross County Savings Bank to permit such monitoring, to confirm that you have satisfied your obligations under this Mobile Deposit Agreement.

17. Fees

Mobile Deposit is provided at no charge to you. Cross County Savings Bank may, upon at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for use of the Mobile Deposit. If you continue to use Mobile Deposit after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time. You will be responsible for all fees associated with the processing of a returned Item, referred to as a Returned Check Charge, and for any other fees associated with your deposit account(s) linked to Mobile Deposit, as disclosed in Cross County Savings Bank's Fee Schedule.

18. Your Responsibility

You are solely responsible for the quality, completeness, accuracy, validity and integrity of the Image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible Images to Cross County Savings Bank or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable Images to Cross County Savings Bank.

In addition, you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Mobile Deposit service, copy or reproduce all or any part of the technology or Mobile Deposit service; or interfere, or attempt to interfere, with the technology or Mobile Deposit service. Cross County Savings Bank and its technology partners, inclusive of, but not limited to, Digital Insight, Inc. ("Digital Insight") and Ensenta Corporation ("Ensenta"), retain all rights, title and interests in and to the Mobile Deposit service, software and development made available to you.

19. Financial Information

You must inform Cross County Savings Bank immediately of any material change in your financial circumstances. You agree to provide Cross County Savings Bank any financial information Cross County Savings Bank reasonably requests during the term of this Mobile Deposit Agreement. You authorize Cross County Savings Bank to review your history from time to time.

20. Termination

Cross County Savings Bank may terminate this Mobile Deposit Agreement and the Mobile Deposit services, with or without cause, at any time, and without notice, unless otherwise required by law. Without limiting the foregoing, this Mobile Deposit Agreement may be terminated if you breach any term or covenant of this Mobile Deposit Agreement, if you use Mobile Deposit services for any unauthorized or illegal purposes, if you use Mobile Deposit services in a manner inconsistent with the terms of the Account Agreement or any other agreement with Cross County Savings Bank, or if Cross County Savings Bank, in its sole judgment, determines that there has been an adverse change in your financial condition. You may terminate this Mobile Deposit Agreement and Mobile Deposit services upon ten (10) days advance, written notice to Cross County Savings Bank.

21. Accountholder's Indemnification Obligation

You agree to indemnify, save and hold harmless Cross County Savings Bank and its affiliates, officers, directors, trustees, employees and agents, from and against any third party claims, suits, proceedings, actions or demands, including, but not limited to, claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from your use of the Mobile Deposit services and/or breach of this Mobile Deposit Agreement. You understand and agree that this paragraph shall survive the termination of this Mobile Deposit Agreement.

You understand and agree that you are required to indemnify, save and hold harmless Cross County Savings Bank's technology partners, including but not limited to Digital Insight and Ensenta, and their respective affiliates, officers, employees and agents, from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to your use of the Mobile Deposit services, or Digital Insight or Ensenta Applications, unless such claim directly results from an action or omission made by Digital Insight or Ensenta in bad faith. You understand and agree that this paragraph shall survive the termination of this Mobile Deposit Agreement.

22. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF ANY MOBILE DEPOSIT SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CROSS COUNTY SAVINGS BANK DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY MOBILE DEPOSIT SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CROSS COUNTY SAVINGS BANK MAKES NO WARRANTY THAT ANY MOBILE DEPOSIT SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CROSS COUNTY SAVINGS BANK MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY MOBILE DEPOSIT AND/OR REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED.

23. LIMITATION OF LIABILITY

YOU AGREE THAT CROSS COUNTY SAVINGS BANK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY MOBILE DEPOSIT AND/OR REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF CROSS COUNTY SAVINGS BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

24. Cellular Phone Contact

By providing Cross County Savings Bank with a telephone number for a cellular phone or other wireless device, including a number that you later convert to a cellular number, you are expressly consenting to receiving communications � including but not limited to pre-recorded or artificial voice message calls, text messages and calls made by an automatic telephone dialing system from Cross County Savings Bank and its affiliates and agents at that number. This express consent applies to each such telephone number that you provide to Cross County Savings Bank now or in the future, it being expressly understood and agreed, that by providing such numbers you are consenting to such calls for non-marketing purposes.

Calls and messages may incur access fees from your cellular provider. You may elect not to receive these notifications by providing Cross County Savings Bank with prior advance written notice of such election at the address stated in this Mobile Deposit Agreement and Cross County Savings Bank will cease such notifications within a reasonable time after its receipt of your written notice.

25. Governing Law

This Mobile Deposit Agreement shall be governed by and construed in accordance with the laws of the State of New York, unless otherwise governed by the laws of the United States. In addition, you hereby acknowledge that the Mobile Deposit services may be subject to additional rules and regulations including but not limited to the rules for check clearing promulgated by the National Clearing House Association ("NACHA").

26. Assignments/Binding Effect

Your rights and obligations under this Mobile Deposit Agreement may not be assigned for any reason without Cross County Savings Bank's prior written consent. This Mobile Deposit Agreement shall be binding upon you, your successors and permitted assigns and shall inure to the benefit of Cross County Savings Bank and its successors and assigns.

27. Survival

Upon termination of this Mobile Deposit Agreement, the obligations of a continuing nature under this Mobile Deposit Agreement shall survive termination or expiration of this Mobile Deposit Agreement and continue to be binding and in full force and effect, including, without limitation, all representations, warranties, restrictive covenants, confidentiality agreements, indemnities, covenants relating to intellectual property rights, and provisions relating to your and Cross County Savings Bank's liability and limitations thereof.

28. Severability/Enforceability

The invalidity, illegality or unenforceability of any provision of this Mobile Deposit Agreement shall not affect the validity, legality or enforceability of any of the other provisions of this Mobile Deposit Agreement, which shall remain effective.