ONLINE BANKING - Personal User Agreement

I. Introduction
The First National Bank of Santa Fe is pleased to offer you the convenience of 24-hour banking through First National Bank of Santa Fe‘s Personal Online Banking and Business Online Banking. In this Agreement we will use the words “FNB Online” to refer to both the Personal Online Banking and Business Online Banking services. When you log in to FNB Online, you acknowledge that you have received and understand the terms of this Online Banking FNB Online Agreement (“Agreement”) and agree to be bound by these terms. Please read this agreement and disclosure statement carefully because it tells you about your rights and responsibilities for Electronic Funds Transfer transactions processed using FNB Online. You should keep this Agreement and disclosure statement for future reference.

We may amend this Agreement from time to time and notice of such change will be provided to you by us as may be required by applicable law.

This Agreement contains the terms that govern your use of FNB Online. You may use FNB Online to access your Eligible Accounts (defined in section II of this Agreement) through the Internet. You may also use FNB Online to access a number of Online Financial FNB services (defined in section V of this Agreement) through the Internet.

By using FNB Online to access Eligible Account or Online Financial services you are agreeing to the terms of this Agreement. In this Agreement, the words:

“we,” “us,” “our” and “Bank” are used to refer to The First National Bank of Santa Fe;

“you” or “your” is used to refer to the owner of an Eligible Account or an authorized representative;

“consumer” is used to refer to a natural person who owns an Eligible Account with respect to which an Online Financial Service is requested primarily for personal, family or household purposes;

“business” is used to refer to anyone other than a consumer who owns an Eligible Account with respect to which an Online Financial Service is requested;

"business days" means every day except Saturday, Sunday and federal holidays; and

“authorized representative” is used to refer to a person with authority of any kind with respect to an Eligible Account or an Online Financial Transaction.

Waiver of Requirement for Two Signatures. You recognize that any requirement of verifying two signatures on checks, if such a requirement exists, does not apply to electronic or telephone transfers, including online bill payments, and release Bank from liability when making such transfers or payments. This means that any person who is authorized to act as a signer on your account shall be authorized by you to individually make electronic or telephonic transfers, including online bill payments from your account, even though that person’s authority to transfer or withdraw funds from your account by some other means (e.g., by check) must be exercised jointly with one or more other persons.
 
II. Eligible Accounts
Each Bank product you have with us that you enroll in FNB Online is called an “Eligible Account”. Examples of products that you may elect to enroll as Eligible Accounts include deposit accounts and loan products.
Your Eligible Accounts will continue to be subject to the agreements otherwise governing them, except where it is noted in this Agreement. Additionally, each Eligible Account and Online Financial FNB Online will be subject to the following:

• the terms or instructions appearing on a screen when using FNB Online;
  
• Bank’s rules, procedures and policies applicable to each Eligible Account and each Online Financial Service;
  
• the rules and regulations of any funds transfer system used in connection with an Online Financial Service; and
• applicable state and federal laws and regulations.
   

III. Access to Eligible Accounts
You authorize the Bank to provide access to some or all Eligible Accounts through FNB Online. For each Eligible Account to which access is provided, you may request removal of such access by sending an E-mail through FNB Online or by calling Bank Customer Service at 505-992-2000.

You may access an Eligible Account at the Bank’s website at https://www.FNB-SF.com (called the “Website”) to obtain balances, transaction history and other information. To access an Eligible Account or use an Online Financial Service you must have a password and the required hardware and software. Subject to the terms of this Agreement and any technical difficulties or delays that may occur, you will generally be able to access your Eligible Accounts through the Website seven days a week, 24 hours a day. A transfer completed through FNB Online before the transfer cutoff time on a business day will be posted to your Eligible Account the same day. All transfers completed after the transfer cutoff time on a business day or on a day that is not a business day, will be posted on the next business day. The transfer cutoff time is 5:00PM (Mountain Time).

At certain times, FNB Online may not be available due to system maintenance or circumstances beyond our control. During these times, if it is available, you may use our telephone banking FNB Online, a Bank automated teller machine (“ATM”) or a Bank branch to obtain information about your Eligible Accounts.
 
IV. Electronic Mail (E-mail)
One way of communicating with us is by sending an e-mail. FNB Online has provided a secure e-mail form for you to ask questions about your account(s) or give comments on FNB Online. This form can be found within FNB Online under Secure Support. To ensure the security of your Eligible Account information, we recommend that you use only this e-mail form when asking specific questions about your Eligible Account(s). You cannot use e-mail to initiate transactions on your Eligible Accounts. For transactions, please use the appropriate functions within FNB Online or call -505-992-2000. If you send us an e-mail, we will be deemed to have received it on the following business day. The Bank will have a reasonable time to act on your e-mail.
You agree that the Bank may respond to you by e-mail with regard to any matter related to FNB Online, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Bank shall be considered received within three (3) days of date sent by Bank, regardless of whether or not you sign on to the website. Secure e-mail transmissions will be sent back through FNB Online.
 
V. Online Financial Services
You may use FNB Online to obtain such products and services as are then available through FNB Online as then disclosed at the Website. With respect to your Eligible Accounts, this includes obtaining account information, transaction history and other information. In addition you may use Online banking to transfer funds among your Eligible Accounts. Note: Because regulations require Bank to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:

a) Statement savings account. You can make no more than six transfers per statement period without incurring a fee. The Online Banking will not prohibit you from making another transfer if six have already been made in the current statement period, but you will be assessed a fee.

b) Money market checking account. You can make no more than six transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking and no more than three of these may be by check, draft or debit card. FNB Online will not prohibit you from making another transfer if six have already been made in the current statement period, but you will be assessed a fee.
In some instances, balances and transaction history may only reflect activity conducted through the close of the previous business day. We may, from time to time, introduce new Online Financial Services. When this happens we will update our Website to include them. By using an Online Financial Service, you agree to be bound by the terms contained in this Agreement at that time.
 
VI. Linked Eligible Accounts
Eligible Accounts that are linked together will appear together. This means, for example, that when an authorized representative of an Eligible Account accesses FNB Online that authorized representative will be able to view and access at a single time the following accounts:

• the accounts of the business for which that person is an authorized representative;
• the accounts of any other business for which that person is an authorized representative; and
• any consumer accounts for which the person is a co-owner or authorized signer.
 
VII. Authorized Representatives for Business Accounts
If you are a business, any authorized representative of your business is authorized on such terms, conditions, and agreements as we may from time to time require to:

• enter into this Agreement, as amended from time to time;
• access each Eligible Account of yours in any manner and for any purpose available through FNB Online, whether now available or available at some time in the future; and
• use any Online Financial Service in any manner and for any purpose available through FNB Online whether now available or available at some time in the future
 
VIII. Electronic Fund Transfer Provisions For Consumers

A. Applicability. The provisions in this section apply only to electronic fund transfers that debit or credit a consumer’s checking, savings or other asset account and are subject to the Federal Reserve Board’s Regulation E (an “EFT”). The Bank may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E. All terms not otherwise defined in this Agreement which are defined in Regulation E will have the same meaning when used in this section.

B. Your Liability. Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:
1. If you notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $50 or the amount of unauthorized transfers that occur before notice to us.

2. If you fail to notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of (i) $500 or (ii) the sum of (a) $50 or the amount of unauthorized transfers that occur within the two business days, whichever is less, and (b) the amount of unauthorized transfers that occur after the close of two business days and before notice to us, provided we establish that these transfers would not have occurred had you notified us within that two-day period.

3. You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60-day period. You may, as applicable, also be liable for the amounts described in the immediately preceding sections 1 or 2 above.

4. If your delay in notifying us was due to extenuating circumstances, we will extend the times specified in the immediately preceding paragraphs 1, 2 or 3 above to a reasonable period.

5. You may notify us in person, by telephone, by e-mail during a Secure Support session using the appropriate form, or in writing. Emails not sent from the Secure Support site will not constitute notice for the purpose of notifying us of an unauthorized transfer.

C. Telephone Number and Addresses. The telephone number and address of the person or office to be notified when you believe that an unauthorized EFT has been or may be made are:
• 1-505-992-2000 Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding federal holidays.
• First National Bank of Santa Fe , Attention: FNB Online Banking, PO Box 609, Santa Fe, NM 87504
• You can send an e-mail to the Bank Online Customer Service area by filling out the appropriate e-mail form using the Secure Support tab accessible after signing on with your password to a secure session.

D. Information Required. You must provide Bank with:
1. Your name and account number
2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or why you need more information.
3. The dollar amount of the suspected error and date on which it occurred.

E. Stop Payment Policy.
You may stop payment of a preauthorized electronic fund transfer from your Eligible Accounts by notifying us orally or in writing at least three business days before the scheduled date of the transfer. We require you to give written confirmation of an oral stop-payment order within 14 days of oral notification. Confirmation must be sent to First National Bank of Santa Fe , Attention: FNB Online Banking, PO Box 609, Santa Fe, NM 87504, or you can send an e-mail to the Bank Online Customer Service area by filling out the appropriate e-mail form using the Secure Support tab accessible after signing on with your password to a secure session. Emails not sent from the Secure Support site will not constitute notice for the purpose of providing written confirmation of an oral stop payment order. An oral stop-payment order ceases to be binding after 14 days if the consumer fails to provide the required written confirmation.

F. Documentation.
Unless more frequent reporting is required by the terms of your Eligible Accounts, we will send a periodic statement for each monthly cycle in which an electronic fund transfer has occurred; and shall send a periodic statement at least quarterly if no transfer has occurred; provided, however, that for passbook accounts that may be accessed only by preauthorized transfers to the account, we need not provide a periodic statement if we update the passbook upon presentation or enter on a separate document the amount and date of each electronic fund transfer since the passbook was last presented; and, further provided that for other accounts that may be accessed only by preauthorized transfers to the account, we will provide a report no less frequently than quarterly.

G. Pre-authorized Transfers.
When we initiate preauthorized electronic fund transfers to your Eligible Account at least once every 60 days, we will provide notice by: (i) providing oral or written notice of the transfer within two business days after the transfer occurs, (ii) providing oral or written notice, within two business days after the date on which the transfer was scheduled to occur, that the transfer did not occur, or (iii) providing a readily available telephone line that you may call to determine whether the transfer occurred and disclosing the telephone number on the initial disclosure of account terms and on each periodic statement. If we receive a preauthorized transfer, we will credit the amount of the transfer as of the date the funds for the transfer are received. Preauthorized electronic fund transfers from your Eligible Account may be authorized only by a writing signed or similarly authenticated by the consumer. The person that obtains the authorization shall provide a copy to you.
When a preauthorized electronic fund transfer from your Eligible Account will vary in amount from the previous transfer under the same authorization or from the preauthorized amount, the designated payee or we will send you written notice of the amount and date of the transfer at least 10 days before the scheduled date of transfer.
 
IX. Automated Clearing House (“ACH”) FNB Online.
If you are approved for our ACH FNB Online Service, you agree to comply with the Operating Rules of the National Automated Clearing House Association (NACHA) (collectively, the “Rules”), as amended from time to time.

You may initiate ACH debit entries only with the prior written authorization of the persons whose accounts are affected by such entries. You agree to maintain a copy of each authorization for a period of two (2) years following its termination, and to provide us with a copy upon request. You will not submit ACH debit entries to collect funds for checks or other paper items which have been dishonored and returned for any reason, even if such represented check entries are permitted under the Rules.

You agree to maintain sufficient collected and available funds in your account for a period of two (2) business days prior to the settlement date to cover the amount of your transfers, as well as returned or reversed debit entries, adjustments, and other amounts owed to us under this Service. We may refuse an entry if there are not sufficient collected and available funds in your account on the date we initiate the transaction (up to two (2) business days before an ACH settlement date) or on the settlement date. We will notify you of such refusal electronically, in writing, by telephone, or otherwise no later than two (2) business days after the date the transaction was to be effected. We are not required to pay you interest on a rejected entry for the period from refusal of the entry to your receipt of the notice of refusal. If an entry is returned by the ACH, we may submit the entry back to you, adjust your account, and await further instructions. We may remake such entry, however, if the return is due to our error and we have sufficient data to remake the entry. You agree to retain and provide us with the necessary information to make such entries until midnight of the third business day following the settlement date.

Credit for an ACH transfer is provisional until the receiving financial institution obtains final settlement. If final settlement doesn’t occur, the originator of the transfer is not deemed to have made payment to the beneficiary, and the beneficiary’s bank is entitled to a refund of the provisional credit.
 
X. Security and Confidentiality
You will be given or you will create a password that will give you access to your Eligible Accounts through FNB Online. This password can be changed within FNB Online. We recommend that you change your password regularly (at least every six months). We are entitled to act on instructions received under your password or a password you assign, if a business. For security purposes, it is recommended that you memorize the password and do not write it down. You are responsible for keeping your password and Eligible Account information confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account, notify the Bank at 1-505-992-2000, or write to us at, First National Bank of Santa Fe, Attention: FNB Online Banking, PO Box 609, Santa Fe, NM 87504.

The information available through and exchanged on FNB Online will be subject to our privacy policy and any other applicable policies regarding confidentiality.
 
XI. Liability
A. Our Liability. Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Eligible Accounts and Online Financial Services. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Eligible Accounts or Online Financial Services through FNB Online. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Online Finance Services as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Online Financial Services.

IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

We will not be obligated to honor, in whole or in part, any transaction or instruction which:
• is not in accordance with any term or condition applicable to the relevant Online Financial Service or Eligible Account;
• we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal;
• would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines;
• would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority;
• is not in accordance with any other requirement of our applicable policies, procedures or practices; or
• we have reasonable cause not to honor for our or your protection.

B. Indemnification. Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Eligible Account, if you are an owner of an Eligible Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an Eligible Account or the performance of an Online Financial Service. This indemnification is provided without regard to whether our claim for indemnification is due to the use of FNB Online by you or your authorized representative.

C. Third Parties. Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our FNB Online providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an Internet access provider, by an online FNB Online provider or by an agent or subcontractor of any of them, nor will we or our FNB Online providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Financial Services through FNB Online.
 
XII. General Provisions
A. Termination. Unless otherwise required by applicable law, Bank may terminate this Agreement and/or your access to any Online Financial Service through FNB Online, in whole or in part, at any time.
Access to the Online Financial Services through FNB Online, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control. You may request reinstatement of an Online Financial Service by calling us at 1-505-992-2000. If you have the Bill Pay Service and do not schedule or process a payment in your Payment Account via FNB Online for any three (3) month period, Bank may terminate your Bill Pay Service. If it does, your online bill payment information will be retained, but you will have to contact us to have it reinstated. If you decide to terminate FNB Online, we strongly suggest that you cancel all future bill payments at the same time that you cancel your Bill Pay Service. Termination of the Bill Pay Service will not automatically close your Eligible Accounts.

If you do not access your Eligible Accounts via FNB Online for any three (3) month period, we may inactivate your FNB Online access.

If you wish to cancel any of your Online Financial Service, contact us at 1-505-992-2000 or send us cancellation instructions in writing to: First National Bank of Santa Fe, Attention: FNB Online Banking, PO Box 609, Santa Fe, NM 87504.

B. Changes. Except as otherwise required by law, rule, or regulation, we may change the terms of this Agreement from time to time and at any time. When changes are made we will update this Agreement at the Website. The Website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time. If such a change is made, and it can’t be disclosed without jeopardizing the security of the system, this Agreement will be updated within thirty (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing to use FNB Online. Changes to fees or terms applicable to Eligible Accounts are governed by the agreement otherwise governing the applicable account.

C. Notices. Unless otherwise required by applicable law, in the event that we are required to provide a notice or other communication to you in writing, that notice or other communication may be sent to you electronically to your internet or electronic mail address as reflected in our then current records.

D. Disclosure of Information. The circumstances under which we will disclose information about you, your Eligible Accounts, or your Online Financial Services is set forth in the information that has been separately disclosed to you in the contracts, notices, and disclosures that have been separately provided to you and in accordance with our policy disclosed at our Website.

E. Governing Law; Dispute Resolution. Each of your Eligible Accounts will continue to be read and interpreted according to the laws described in the agreements you have with us regarding those Eligible Accounts (for example, your deposit account agreement or your credit card agreement with us). This Agreement, on the other hand, will be read and interpreted according to the laws of the State of New Mexico, without regard to conflict-of-law rules. New Mexico state courts and U.S. federal courts located in Albuquerque, New Mexico, will be the only courts where legal actions regarding this Agreement can be brought, and you consent to the personal jurisdiction of all such courts. In any legal action or claim regarding this Agreement, the prevailing party will be entitled to recover costs and attorney fees.
 
XIII. Fees
A. FNB Online. There are no monthly or transaction fees for accessing the Online Financial Service through FNB Online as of September 27, 2007. Fees separately disclosed to you in connection with an Eligible Account or Online Financial Service apply when using FNB Online. Other fees may be assessed and billed separately by your Internet and/or telephone service provider.

B. Payment Account. You are required to designate a deposit account at the Bank from which fees for Online Financial Services will be debited (your “Payment Account”). You authorize us to charge your Payment Account for the fees. If you close your current Payment Account, you must notify us and designate a new deposit account that will be your Payment Account. Additionally, if you close all your Eligible Accounts, you must notify Bank to cancel your Online Financial Services.

C. Telephone Charges. You will be responsible for any telephone charges that you incur by using FNB Online.

D. Miscellaneous Fees and Charges. The fees that have been separately disclosed to you in connection with your Eligible Account(s) will continue to apply to those account(s) and to your Online Financial Services, except as noted below.

E. Online Banking Fees and Charges. There is no charge for online access, which includes balance information, transaction review and reporting, transfers between Bank accounts, and the ability to download into software programs (Quicken, Microsoft Money, or a comma-delimited spreadsheet). You may be charged NSF fees when Check Payments clear and you do not have sufficient funds to cover the payment.

F. Business Online Banking Fees and Charges. There is no charge for online access, which includes balance information, transaction review and reporting, transfers between Bank accounts, and the ability to download into software programs (Quicken, Quickbooks, Microsoft Money, or a comma-delimited spreadsheet). ACH disbursement, direct deposit of payroll, wire transfers, account recon/positive pay and other services which may be added from time to time are subject to additional fees that are subject to change. You may be charged NSF fees when Check Payments clear and you do not have sufficient funds to cover the payment. Additional fees may be charged for use of ACH and Wire transfers from with FNB Online.

The Bank may change fees and charges unilaterally, upon 30 days written notice to our customers. Such changes shall constitute modifications to this Agreement.