• "We," "us," "our" and "Bank " refer to Frederick County Bank, headquartered in Frederick,
  Maryland.
• "You" or "your" refers to the owner of a Frederick County Bank business account.
• "BOB" refers to Business Online Banking.
• "Authorized representative(s)" refers to a person whom you authorize to transact business on
  your account by delivering to us a written document that shows the person has the authority
  to act with respect to your account. We may continue to recognize the authority of an
  authorized representative until we have received and had a reasonable time to act upon
  written notice from you that an authorized representative is no longer authorized to transact
  business on your account.
• "Account" refers to any FDIC insured business deposit or loan account maintained at
  Frederick County Bank not used for personal, family or household purposes.
• "ACH Provisions" refers to the provisions in this Agreement that are required to activate and
  use the BOB ACH functionality (funds management and file management).
• "Account Authorization" refers to your Application by an Authorized Signer for Business
  Online Banking services.
• "Employee Information" allows an Authorized Signer to identify which accounts can be
  accessed by each Authorized Representative and to limit the types of authorized transactions

    1.2    Accepting the Agreement

        You understand and agree that by using Bank's Business Online Banking Services or by
authorizing others to use them, you have agreed to the terms and conditions of this Agreement and that no
signature by you is required on this Agreement. You agree to use Business Online Banking solely as
provided in this Agreement. When any transfer, payment or online service generates items to be charged
to your Bank Account, you agree that we may debit your Account without requiring a signature by an
authorized representative on the item and without prior notice to you.

        We may, from time to time, introduce new Business Online Banking services. When this
happens, we will update the Website to include them. By using any Business Online Banking service,
you agree to be bound by the terms contained in this Agreement at that time.

    1.3    Changes in Terms/Fees

        We may change the Business Online Banking services and the terms, including fees, set
forth in this Agreement at any time. You will be notified of any such change as required by applicable
law, either by mail or by an electronic message. You understand and agree that by using Business
Online Banking after a change becomes effective, you have accepted and agreed to that change.

    1.4    Maintaining Your Accounts

        You agree to properly maintain your Bank Accounts, to comply with the rules governing
your Bank Accounts, and to pay any fees associated with the use or maintenance of your Bank Accounts.
Any issue relating to a Bank Account or service with Bank that you access through Business Online
Banking shall be governed by the law(s) specified in the agreement for that Bank Account or service.

        Your Bank deposit and loan accounts that you specify can be viewed and accessed in
Business Online Banking. Your Bank Accounts will continue to be governed by the Terms and
Conditions of your Account Agreements and your loan agreements, except where it is noted in this
Agreement. This Agreement will control if there is a conflict with your other agreements and this
Agreement for Business Online Banking Services. In addition, each Bank Account and Business Online
Banking service is subject to the following:

• Terms or instructions appearing on a screen when using Bank's Business Online Banking Services;
• Bank's rules, procedures and policies applicable to your Accounts;
• Rules and regulations of any funds transfer system used in connection with Business Online Banking; and
• Applicable state and federal laws and regulations.

    1.5    Access to Business Online Banking

        You may access Business Online Banking and your Bank Accounts to check balances,
view transaction history and transfer funds. To access Business Online Banking Services you must have
an ACCESS ID and a PASSWORD and the required hardware and software. You are solely responsible
for having the required hardware and software and for securing an Internet service provider. Subject to
the terms of this Agreement, Business Online Banking will generally be able to access your Accounts via
Bank's Internet site seven days a week, 24 hours a day. A transfer requested through Business Online
Banking before the transfer Cutoff Hour on a business day will generally be posted to your Bank Account
the same day. All transfers requested after the posted transfer Cutoff Hour on a business day or on a day
that is not a business day, will be posted on the next business day. Every day is a business day except
Saturdays, Sundays, and banking holidays.

        At certain times, Business Online Banking may not be available due to system
maintenance or circumstances beyond our control.

    1.6    Password and Access ID

        You will be given PASSWORDS and ACCESS IDs that will give you and each of your
authorized representatives access to Business Online Banking. During the first logon session, you and
each of your authorized representatives are required to change the Password we provided to you. Going
forward, passwords can be changed online at any time for Business Online Banking. Online passwords
are case sensitive and must be at least 6 alpha and/or numeric characters in length. We recommend that
passwords be changed immediately upon receipt and regularly thereafter. All PASSWORDS are
prompted to be changed every 90 days.

We are entitled to act on instructions received under your company's PASSWORDS and ACCESS ID.
You are responsible for familiarizing all authorized signers with the terms of this Agreement and for
keeping your Business Online Banking PASSWORDS and ACCESS IDs confidential. You agree to exit
from your account at the end of your use of BOB. You agree to immediately notify Bank of any
unauthorized use of your account, usernames and passwords.

    1.7    Responsibilities and Restrictions on Use of BOB

1.7.1    You agree to use the Business Online Banking website and BOB only with respect to
your authorized accounts. You agree to not (i) permit any third parties to use or access the Business Online Banking website or BOB; (ii) use the Business Online Banking website or BOB for any other party's information management or benefit; or (iii) use the Business Online Banking website or BOB in the operation of a service bureau or redistribute or resell BOB.

1.7.2    You agree to not take any screen shots of any portion of the Business Online Banking
website, or use any robot, spider, other automatic device or program or manual process to monitor, copy, or reproduce the Business Online Banking website.

1.7.3    You agree to not interfere with the functionality of the Business Online Banking website by (i) uploading, storing, e-mailing, posting, linking or otherwise transmitting, distributing, publishing or disseminating any material that contains software viruses, Trojan horses, worms, time bombs, or any other computer code, file or program designed to interrupt, destroy or limit the functionality of the Business Online Banking website, BOB, Bank computer software, hardware or telecommunications equipment, or any other harmful or disruptive program; (ii) disrupting the normal flow of the Business Online Banking website or BOB, causing a screen to scroll faster than it can be usable, or acting in a manner that limits other's use of the Business Online Banking website, Software or Services; (iii) otherwise modifying the Business Online Banking website or Services or interfering or attempting to
interfere with the proper operation of the Business Online Banking website or Services, including through the use of any device, software or routine; or (iv) using the Business Online Banking website or Services to disrupt the servers or networks connected to the Web server with respect to the Business Online Banking Website and BOB.

1.7.4    You agree to not use the Business Online Banking website or BOB to forge headers or identifiers in an effort to disguise the origin of content transmitted through or to the Business Online Banking website or BOB, impersonate any person or entity, or misrepresent your affiliation with a person or entity.

1.7.5    You agree to not upload, store, post, e-mail or otherwise transmit, distribute, publish or disseminate (i)any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous or racially or ethnically objectionable, or promotes such activity; or (ii)any unauthorized advertising, junk mail, "spam", chain letters or any other form of solicitation.

1.7.6    You agree to not use the Business Online Banking website or BOB to collect or share
personal data about other Users.

1.7.7    You agree to not upload, store, post, link to, e-mail or otherwise transmit, distribute,
publish or disseminate any website information, content or other information or material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or otherwise violates the legal rights (such as rights of privacy and publicity) of others, violates any contractual or fiduciary relationships or is otherwise objectionable.

1.7.8    You agree to not violate (intentionally or unintentionally) any applicable local, state,
national or international law or regulation, including, but not limited to, laws regarding the transmission through BOB and the Business Online Banking website of technical data or software exported from the United States and/or the country(ies) in which you reside, and all local laws and regulations regarding online conduct and acceptable content.

1.7.9    You agree that only Bank shall have the right to alter, maintain, enhance or otherwise
modify the Business Online Banking website or BOB. You agree not disassemble, de-compile or reverse-engineer the Business Online Banking website or BOB.

1.7.10    You covenant, represent and warrant, to the best of your knowledge, that all of your
electronic means used to access the Business Online Banking website and BOB do not, and will not during the term of this Agreement, contain any feature which would in any way impair the operation of (i) the Business Online Banking website or BOB; or (ii) the software or hardware of any other user using BOB, in each instance including, without limitation, any form of virus, a Trojan horse, worm, or other software routine or hardware component which may disable, erase or otherwise harm software, hardware, or data.

    1.8    Electronic Mail (E-mail)

        You can communicate with us via e-mail. Please remember that we will not immediately
receive an electronic message sent by you. If you need to contact us immediately, please call 301-620-
1400. No action will be taken on any electronic message you send to us until we actually receive your
message and have a reasonable opportunity to act on it. You cannot use e-mail to make an account
balance inquiry, a stop payment or a funds transfer. You cannot use e-mail to cancel a transfer, or a loan
payment. NEVER SEND US YOUR BUSINESS ONLINE BANKING ACCESS ID, PASSWORD OR OTHER SENSITIVE BANK ACCOUNT INFORMATION (EXAMPLE: ACCOUNT NUMBER) VIA E-MAIL.

    1.9    Account Statements

        All of your daily transactions, payments, and funds transfers will appear on Business
Online Banking and on your Account statement(s). You can access transactional information for your
current and previous statement.

2.    BUSINESS ONLINE BANKING SERVICE

    2.1    Business Online Banking (applies to all BOB service plan types)

2.1.1    To use Business Online Banking you need:

• A Bank business checking account, business savings account, business certificate
  of deposit or a business loan account located at Bank;
• Service through an Internet service provider;
• An Online ACCESS ID and PASSWORD for each authorized representative, and
• A computer, Internet access and Internet Explorer version 5.5 or above and 128
  bit SSL (Secured Socket Layer) encryption.

         2.1.2     All Business Online Banking plan types include common features and functionality that                            enable you to:

• Transfer funds between your Bank business accounts (excluding certificates of
  deposit) either on a one-time or recurring basis;
• View same day balance information for your Bank checking, savings, and loan
  accounts;
• Review transactions for the current statement cycle and transactions from your
  previous bank statement;
• Export transactions;
• Control features and functionality by user, including access to funds;
• Require dual authorizations for funds transfers; and
• Send us email messages and questions regarding your online banking.

    2.2    Additional key features available based on the BOB Plan selected:

   
    2.3    Account Access
   
            You choose the Bank accounts that you want to access through Business Online Banking.
You may also customize the authority of authorized employees and you can limit their online access time
when you provide account set-up information to us.
   
    2.4    Business Days
   
            Our business days with respect to BOB, the days of the week that the Bank will process
BOB transfers, ("Business Days") are Monday through Friday, except bank holidays. Although transfers
are processed by Bank on Business Days only, you can initiate a transaction through Business Online
Banking 24 hours a day, seven days a week, except during maintenance periods; however, the transfer
will be completed on the next Business Day.
   
    2.5    Cutoff Hours
   
            A number of our BOB services are subject to processing cutoff hours ("Cutoff Hour(s)").

• The Cutoff Hour for domestic wire transfers is 3:00 P.M. EST on Business Days.
• The Cutoff Hour for international wire transfers is 2:00 P.M. EST on Business Days.
• In general, the Cutoff Hour for ACH transactions, stop payment orders, and internal transfers is
  7:00 P.M. EST on Business Days. From time to time, we may, in our discretion, designate other
  Cutoff Hour(s) applicable to your initiation of ACH transactions through BOB.
• The Cutoff Hour for tax payment instructions is 7:00 P.M. EST at least two Business Days prior
  to the tax due date.

Instructions received after the Cutoff Hour or on a non-Business Day may be deemed received as of the next Business Day. Services may occasionally be unavailable due to needed maintenance or
system/network interruptions.
   
    2.6    Funds Transfer
   
            2.6.1     We will initiate properly authorized and completed Funds Transfer Requests, as
defined by UCC 4A (subject to funds availability) communicated to us online or telephonically on the
date requested provided the request is received by us prior to the posted online Cutoff Hour and provided
the request includes all required information. We may make payments solely on the basis of the account
number provided as proper identification of the intended beneficiary.
   
            2.6.2     We shall not be liable for any delay or refusal to honor instructions for a transfer
or related act if in good faith, we are unable to satisfy ourselves that the instructions are given by an
authorized employee. Our failure to verify or authenticate the transactions shall not be evidence of any
failure to exercise reasonable care or good faith. If you did not authorize a payment order, the applicable
provisions of UCC 4A will govern liability.
   
            2.6.3     We agree to make reasonable efforts to complete all fund transfers as requested.
We will be responsible for acting only on those instructions actually received by us and cannot assume
responsibility for malfunctions in communications facilities or acts of others not under our control that
may affect the accuracy or timeliness of messages you send. We are not responsible if you provide
incorrect instructions or if your instructions are not received prior to our published Cutoff Hours.
   
            2.6.4     You have no right to cancel or amend a transfer after we execute it. We may
attempt to revoke an order, which has not been executed if the request is received in a time, and manner
that gives us a reasonable time to act upon it, but we make no warranty as to our ability to revoke or
cancel a transfer once made. You agree to hold us harmless against claims of third parties when you
revoke or cancel any funds transfer instructions.
   
    2.7    Stop Payment Request
   
            2.7.1     We will accept online requests from an authorized employee to stop payment on
checks drawn on your authorized Bank accounts only. We will process requests received prior to the
posted Cutoff Hour on the same Business Day received. Requests received after the posted Cutoff Hour
will be processed on the next Business Day. We must receive a stop payment request at a time that will
give us a reasonable opportunity to act on it prior to payment of the item. Generally stop payment
requests are not processed until the Cutoff Hour or later on that Business Day.
   
            2.7.2     STOP PAYMENT REQUESTS ARE NOT EFFECTIVE IF, EITHER BEFORE
OR WITHIN 24 HOURS OF WHEN THE STOP PAYMENT ORDER WAS PLACED, WE HAVE
ALREADY CASHED THE ITEM OR BECOME OTHERWISE LEGALLY OBLIGATED FOR ITS
PAYMENT. STOP PAYMENT REQUESTS ARE PROCESSED BY COMPUTER. WE WILL
ASSUME NO RESPONSIBILITY IF ANY INFORMATION PROVIDED IS INCORRECT OR
INCOMPLETE THAT WOULD CAUSE THE CHECK TO BE PAID (i.e., incorrect check number,
amount, account number or date). ONCE PLACED, THE STOP PAYMENT REQUEST WILL
REMAIN IN EFFECT FOR SIX MONTHS FROM THE DATE WHEN IT WAS AUTHORIZED. AN
AUTHORIZED BANK REPRESENTATIVE MAY RENEW THE STOP PAYMENT REQUEST FOR
AN ADDITIONAL SIX-MONTH PERIOD WHEN THE EXPIRATION DATE ARRIVES. YOU ARE RESPONSIBLE FOR MONITORING THE EXPIRATION OF STOP PAYMENTS. NO NOTICE WILL BE PROVIDED TO YOU THAT A STOP PAYMENT REQUEST IS EXPIRING. A fee will be charged for each stop payment request and extension of a stop payment request.
   
            2.7.3     In order to cancel a stop payment request, an authorized representative is
required to fax or deliver a written request to Bank. Stop payment requests cannot be canceled via e-mail.
   
3.    LIABILITY
   
    3.1    Your Responsibility to Notify us
   
            Call us IMMEDIATELY at 301-620-1400 if you believe that any ACCESS ID or
PASSWORD has been lost or stolen, or if you believe someone has transferred or may transfer money
from your Bank Account without your permission, or if you suspect any fraudulent activity on your Bank
Account.
   
    3.2    No Contact by Bank
   
            No Bank employee will contact you via email or phone requesting your Online ACCESS
ID or your PASSWORD. If you are contacted by anyone requesting this information please contact us
immediately.
   
    3.3    Our Liability
   
            3.3.1     Our liability to you is limited to the extent stated in any other Account and/or
loan agreements, notices, and disclosures that are separately provided to you from time to time regarding
your Bank Accounts and/or this Agreement. This section explains the complete extent of our liability to
you only to the extent that it has not been separately disclosed to you by any of these agreements, notices,
or disclosures.
   
            3.3.2     NEITHER BANK, NOR ANY OF ITS DIRECTORS, EMPLOYEES OR
AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING
THE AVAILABILITY, PERFORMANCE OR QUALITY OF THE BANK BUSINESS ONLINE
BANKING SERVICES OR THE RESULTS THAT MAY BE OBTAINED FROM USING THE BANK BUSINESS ONLINE BANKING SERVICES. BANK SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR
WARRANTIES OF NON-INFRINGEMENT, SUCH AS, BUT NOT LIMITED TO, INFRINGEMENT OF PATENTS, TRADEMARKS OR COPYRIGHTS OF OTHERS.
   
            3.3.3     NEITHER BANK, NOR ANY OF ITS DIRECTORS, EMPLOYEES OR
AGENTS SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE USE, OR ATTEMPTED USE, OF THE BANK BUSINESS ONLINE BANKING SERVICE, OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE, OR INABILITY TO USE, THE BANK BUSINESS ONLINE BANKING SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN ANY CONTENT; ANY INTERRUPTIONS OR DELAYS IN TRANSMISSION TO THE BANK BUSINESS ONLINE BANKING SERVICE; OR COMPUTER VIRUSES RECEIVED BY YOU AS A RESULT OF YOUR USE OF THE BANK BUSINESS ONLINE BANKING SERVICE. IN ANY EVENT, ANY LIABILITY OF BANK, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THOSE AMOUNTS SPECIFICALLY PROVIDED FOR IN THIS AGREEMENT.
   
            3.3.4     Further, 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 service in
  this Internet Banking Agreement or your Bank Account Agreement;
• we have reason to believe may not have been authorized by you or any third person
  whose authorization we believe is necessary, or which involves funds subject to a
  hold, dispute, restriction or legal process we believe prevents their withdrawal;
• 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 your protection, or ours.?   

    3.4    Indemnification
   
            Except to the extent of Bank's liability pursuant to the terms of this Agreement or any
other agreement or notice that otherwise governs your Bank Account, you agree to indemnify and hold us,
our directors, officers, employees and agents harmless from any and all loss, liability, claims, demands,
judgments and expenses (including attorneys' fees) arising out of, or in any way connected with, your use
or misuse of Business Online Banking. This indemnification is provided without regard to whether our
claim for indemnification is due to the use of Business Online Banking by you, or your authorized
representative.
   
    3.5    Corporate, Partnership and Limited Liability Company Authorizations
   
            You represent that each person who has access to or has been issued ACCESS ID AND
PASSWORD(s) has complete authority from your organization to give instructions within the access
capability associated with such ACCESS ID AND PASSWORD(s) (including general authority over the
movement of your organization's funds and over accounts with Bank). You agree that Bank may rely and
act upon instructions identified by such ACCESS ID AND PASSWORD(s).
   
    3.6    Protecting your Passwords
   
            3.6.1     You agree that we may send notices and other communications, including
ACCESS ID AND PASSWORD(s), to the current address shown in our records, whether or not that
address includes a designation for delivery to the attention of any particular individual. You further agree
that Bank will not be responsible or liable to you in any way if information is intercepted by an
unauthorized person, either in transit or at your place of business. You agree to: 1) keep your
PASSWORD(s) secure and strictly confidential, providing it only to authorized representatives on your
account(s); 2) instruct each person to whom you give a PASSWORD that he or she is not to disclose it to
any unauthorized person; and 3) immediately notify us and select a new PASSWORD if you believe a
PASSWORD may have become known to an unauthorized person.
   
            3.6.2     WE WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED
PAYMENT OR TRANSFER MADE USING YOUR PASSWORDS THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A
REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE. We may suspend or cancel your
PASSWORDS even without receiving such notice from you, if we suspect a PASSWORD is being used
in an unauthorized or fraudulent manner.
   
    3.7    Acknowledgment of Commercially Reasonable Security Procedures
   
            By using Business Online Banking, you acknowledge and agree that this Agreement sets
forth security procedures for electronic banking transactions that are commercially reasonable. You agree
to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with
these procedures, unless you have given us prior notice of possible unauthorized use as described above
(and we had a reasonable opportunity to act on such notice).
   
    3.8    Limitation of Bank's Liability
   
            3.8.1     If we fail or delay in making payment or transfer pursuant to your instructions, or
if we make a payment or transfer in an erroneous amount which is less than the amount per your
instructions, unless otherwise required by law, our liability shall be limited to interest on the amount
which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was
to be made until the date it was actually made or you canceled the instructions. We may pay such interest
either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both
parties, and our payment to either party will fully discharge any obligation to the other. If we make a
payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we
permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from
you of possible unauthorized use as described above, unless otherwise required by law, our liability will
be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of
the payment or transfer to the date of the refund, but in no event to exceed 60 days´ interest. If we become
liable to you for interest compensation under this Agreement or applicable law, such interest shall be
calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the
Bank is headquartered for each day interest is due, computed on the basis of a 360-day year.
   
            3.8.2     UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL WE BE
LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS' FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
   
4.    GENERAL PROVISIONS
   
    4.1    Termination
   
            In addition to the reasons for termination stated in the Agreement, Bank may terminate
this Agreement at any time without notice upon the occurrence of any of the following events: your
violation or breach of or default in the performance or observance of any term, agreement, representation
or warranty contained herein; your default in the payment of any sum you owe to Bank; misrepresentation
given or made to Bank in connection herewith; the seizure, attachment, garnishment or encumbrance by
court order or legal process of any portion of your deposit accounts, assets or properties; your business
failure, insolvency or bankruptcy; or your default under any other agreement between Bank and you or
under any note evidencing indebtedness you owe Bank. Bank may terminate this Agreement without
cause upon giving you thirty (30) days prior notice of our intention to terminate.
   
    4.2    Assignment
   
            We may assign our rights and delegate our duties under this Agreement to a company
affiliated with us or to any other party. We may also assign or delegate certain of our rights and
responsibilities under this Agreement to independent contractors or other third parties.
   
    4.3    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 ADDRESS AS REFLECTED IN OUR THEN CURRENT RECORDS.
   
    4.4    Disclosure of Information
   
            The circumstances under which we will disclose information about you or your Bank
accounts have been separately disclosed to you in our Privacy Policy and in other disclosures that have
been provided directly to you at the time of account opening. Our Privacy Policy may change from time
to time and is available on our website and at our branch offices.
   
    4.5    Authorization to Obtain Information
   
            You agree from time to time, upon Bank's request therefore, to provide Bank with
current financial statements showing your financial condition, assets, liabilities and stockholder's equity
and your current income and surplus and such other information regarding your financial condition as
Bank may reasonably request. You further agree that Bank is authorized to make all inquires it deems necessary, including, but not limited to, obtaining a personal credit report on your owner/principal, in order to assist in determining your creditworthiness.
   
    4.6    Area of Service
   
            Business Online Banking services are available through Bank. Banking services are
generally available only to businesses located in Maryland and are solely offered to businesses registered
to do business in the United States of America.
   
    4.7    Arbitration
   
            Any controversy, claim or dispute between you and Bank arising out of or related to this
Agreement on your Account, including any claim that this Agreement or any part of this Agreement,
including this agreement to arbitrate, is invalid, illegal, unenforceable or otherwise void or voidable, shall
be resolved by final and binding arbitration in accordance with the Arbitration Rules for Commercial
Financial Disputes of the American Arbitration Association. Venue for any such arbitration proceeding
shall be in the City of Frederick, Maryland. The arbitrators shall apply the substantive law of the State of
Maryland, and the award rendered by the arbitrators shall be final and judgment may be entered upon it in
any court having jurisdiction thereof. This Agreement to arbitrate shall be governed by and specifically
enforceable under the Maryland Uniform Arbitration Act. The terms "you" and "Bank" as used in this
paragraph shall include their respective parents, subsidiaries, affiliates, licensees, predecessors,
successors, assigns, officers, directors, employees and agents or any and all of them. You expressly agree
to waive a jury trial in the event of any controversy, claim or dispute between you and Bank arising out of
or related to this Agreement or your Account.
   
    4.8    Legal Process
   
            If we are served with any notice of lien, attachment, levy, garnishment or other legal
process relating to you or your Bank Account, we are authorized without notice to you or any joint
Account Holder, except where required by law, to withhold the withdrawal or payment of so much of the
funds in your Bank Account that may be the subject of such notice or legal process. We may disburse
such amount out of your Account to a court or to such persons as applicable state or federal law either
requires or permits because of such powers. We have no liability to you for such withholding or
disbursements or for refusal by us to permit withdrawals or payment against your Account because of a
court order or other legal process including the return by us of items presented against your Account as
unpaid that otherwise would be paid. Any lien, attachment, levy, or garnishment against your Account is
subject to our right of set-off as provided in the Agreement unless prohibited by law. You agree to pay
our costs and expenses for complying with such legal process, including legal costs and attorneys' fees,
costs of research and copying and administrative fees.
   
    4.9    Governing Law
   
            This Agreement will be governed by, construed and enforced in accordance with federal
law and the laws of the State of Maryland, which govern and are applicable to your Bank Account.
   
5.    BUSINESS ONLINE BANKING ACH PROVISIONS
   
    5.1    What the ACH Provisions Cover

            These ACH provisions in the Internet Banking Agreement between you and Bank govern
your ability to initiate Credit and Debit Entries pursuant to the terms of this Agreement and the rules of
the National Automated Clearing House Association ("NACHA") through us to accounts maintained at
Bank, in other banks and financial institutions through the Automated Clearing House (the "ACH") and
our willingness to act as an Originating Depository Financial Institution with respect to such Entries.
   
    5.2    Accepting the ACH Provisions
   
            YOU UNDERSTAND THAT BY USING ACH YOU HAVE AGREED TO THE
TERMS AND CONDITIONS OF THESE ACH PROVISIONS. YOU AGREE TO USE ACH SOLELY AS PROVIDED IN THESE ACH PROVISIONS.
   
    5.3    ACH Templates
   
            You are responsible for requesting the creation of ACH templates by Bank and to provide
written notice of all changes of that information to Bank. You are unable to change a Template online
after it has been created.
   
    5.4    Operating Rules and Guidelines

            Bank may, but shall not be obligated to, accept and execute transfer instructions delivered
by you or your service bureau in a mutually agreeable format through the ACH. Bank shall execute such
instructions in accordance with the operating rules (the "Rules") of NACHA and the Mid-Atlantic
Clearing House Association ("MACHA"), the terms of this Agreement and Bank's procedures, including
its security procedures. Entries shall be delivered to Bank by you in the format and according to
Origination of Entries in Subsection 5.6 established by Bank that may change from time to time. You
agree to provide Bank with such test files, information, pre-notification files and actual payment files for
processing as required under the Rules, applicable law and Bank's procedures. Unless otherwise defined
herein, all capitalized terms shall have the meanings set forth in the Rules. The term "Entries" shall have
the meaning provided in the Rules and also shall mean and include any and all data received from you
hereunder which Bank uses to prepare Entries.
   
    5.5    Maintaining Your Settlement Account
   
            You agree to properly maintain a settlement account with Bank, to comply with the
procedures and regulations governing these accounts, and to pay any fees associated with the use or
maintenance of these accounts.
   
            5.5.1     You will maintain in your settlement account, as of the settlement date,
immediately available funds sufficient to cover all Entries initiated by you, unless we require you to
Prefund Entries as defined below.
   
            5.5.2     You authorize us, without prior notice or demand, to debit your settlement
account on the settlement date in the amount of each Entry.
   
            5.5.3     You also authorize us, without prior notice or demand, to debit your settlement
account for any other amount payable under this Agreement and to credit the settlement account for any
amount payable to you.
   
            5.5.4     Settlement for Entries will be made to your account on the posting date, either by
crediting or debiting your account for the total amount of readable Entries processed.
   
            5.5.5     Your total ACH Entries outstanding at any point in time will not exceed your
approved ACH Exposure Limit that will be separately provided to you and may be amended from time to
time.
   
            5.5.6     You agree to immediately provide sufficient available funds to indemnify Bank if
any debit Entry is rejected after you have withdrawn the funds made available as a result of a debit Entry
or if any adjustment relating to any debit Entry is received by us.
   
            5.5.7     You agree to grant Bank a security interest in all your property in our possession
to secure payment of your obligations under these Provisions.
   
    5.6    ACH Credit and Debit Entries (not available to Balance Reporting plan customers)
   
            We will initiate properly authorized and completed ACH Credit and Debit Entries
(subject to funds availability) on the later of the next Business Day or a future requested Business Day
provided the requests are received by us prior to the posted online Cutoff Hour and are in compliance
with the Business Online Banking ACH Provisions. You agree to comply with and be subject to the
applicable NACHA Operating Rules, as amended from time to time. Your specific duties and
responsibilities set forth in this Agreement and the ACH Provisions shall in no way limit this undertaking.
   
    5.7    Origination of Entries
   
            You agree to abide by our procedures and deadlines for originating Entries that may
change from time to time. You agree to conform all Entries to the format, content, and other
specifications contained in the Rules.
   
            5.7.1     You agree to obtain a signed Authorization Agreement from your own
employees and customers permitting you to initiate Entries to your employees' and customers' accounts
at a Receiving Bank. You agree to retain the original or a copy of each such authorization for a period of
six (6) years after revocation or termination of such authorization and to provide a copy of each
authorization within a reasonable time upon a request by us.
   
            5.7.2     We will notify you (by mail) of all Notifications of Changes received by Bank
related to Entries transmitted by you no later than three (3) Business Days after we receive them. You
agree to make reasonable efforts to correct the information prior to your next ACH transmission to us.
   
            5.7.3     You may process an ACH Template by selecting the template and entering the
date and dollar amount. Each transaction is limited to one debit and one credit. Additional Templates are
required to be set up by Bank's operations personnel.
   
            5.7.4     We process ACH files continuously during the day. You may submit corrections,
reversals or changes of ACH entries to us telephonically on the day the original information was
scheduled for processing. We will make our best efforts to reverse an ACH Entry if we receive your
request telephonically in a reasonable time prior to the release and if your request contains all of the
required information. We may request that you provide additional written confirmation.
   
            5.7.5     If you discover an erroneous Entry before 4:00 P.M. EST on the day the
Scheduled Information is scheduled for processing, you should contact the Bank at 301-620-1400. We
will, consistent with the Rules, use our best efforts on your behalf to cancel the erroneous information.
You agree to indemnify us and save us harmless from any and all claims, demands, liabilities or expenses
resulting directly or indirectly from our actions.
   
            5.7.6     No later than one Business Day after the Business Day of receipt, we will contact
you by telephone and will send a notice electronically or by mail of a returned debit Entry for more than
$2,500 or a returned credit Entry. We have no obligation to retransmit a returned Entry to the ACH.
   
            5.7.7     You agree to retain data on file adequate to permit remaking of Entries for seven
(7) days following the Effective Entry Date and shall provide such data to Bank upon its request. In
addition to its obligation in the Rules regarding the retention of certain debit Entry authorization
agreements, you agree to retain a copy of each such authorization agreement for the period specified in
the Rules and will permit Bank to examine such authorization agreements at such time or times as Bank
may reasonably request and will furnish to Bank a copy of any such authorization agreement upon
request.
   
    5.8    Acceptance of Transaction Instructions in Favor of You
   
            In accordance with the Rules, Bank shall not be obligated to provide a separate notice to
you of Bank's acceptance of credit transfer instructions designating you as beneficiary. Notice of such
acceptance will be provided as part of your periodic account statement. You agree to notify Bank
promptly of any discrepancy between your records and the information shown on any such periodic
statement. If you fail to notify Bank of any such discrepancy within thirty (30) days of receipt of a
periodic statement containing such information, you agree that Bank shall not be liable for any other
losses resulting from your failure to give such notice or any loss of interest with respect to an Entry
shown on such periodic statement. If you fail to notify Bank of any such discrepancy within thirty (30)
days of receipt of such periodic statement, you agree to be precluded from asserting such discrepancy
against Bank. In addition, both Bank and you agree to be subject to the Rules' designation that the credit
given by a beneficiary's bank to the beneficiary of a credit Entry is provisional until such bank has
received final settlement or payment for such Entry. If such settlement or payment is not received, the
beneficiary's bank is entitled to a refund from the beneficiary in the amount credited, and the originator of
the Entry shall not be deemed to have paid the beneficiary the amount of such Entry.
   
    5.9    Security Procedures
   
            5.9.1     You agree to designate authorized representatives to act on your behalf, who
shall have the authority to authorize all actions necessary in the preparation and generation of your
Entries. You agree that we shall not be under a duty to inquire as to the authority or propriety of any
instructions given to us by you or any of your employees and we shall be entitled to rely upon all ACH
instructions conveyed to us.
   
            5.9.2     We shall be entitled to act upon the instructions of any person whom we
reasonably believe to be your Authorized Representative, whether or not you have authorized such
instructions. We shall not be liable for any loss, cost, expense or other liability arising out of any such
instructions.
   
    5.10    ACH Exposure Limit Documentation

        In the event services requested by you may result in credit exposure to Bank, we
may limit our exposure by transaction volume or dollar amount and may refuse to execute transactions
that exceed any such limit. You agree, when requested by us, to provide financial information and
statements and other documentation that we may request to evaluate our credit exposure and your credit
worthiness.
   
    5.11    Prefunding
   
            5.11.1     From time to time, we may, in our discretion, require that you irrevocably make
available to us, in actually and finally collected funds, the total amount of all ACH Credit originations
prior to the time we process the items (to "Prefund"). You may Prefund your credit originations by
maintaining a sufficient balance of actually and finally collected funds in your account. Unless you
indicate that you will Prefund in another way and actually do so, you authorize us, prior to processing the
items, to deduct from your account the amount needed to Prefund the ACH credits.
   
            5.11.2     If you fail or refuse to Prefund the full amounts of your ACH credits in a cycle,
we may, at our discretion, refuse to process items that have not been Prefunded. If you only partially
Prefund the amount of your ACH credits and you do not indicate which items have been Prefunded, we
may, in our sole discretion, determine which items shall be considered to have been Prefunded, or may
refuse to process all items.
   
            5.11.3     If you Prefund the ACH credits, your obligation to settle in respect of the
Prefunded ACH credit items up to the amount of the Prefunding shall be automatically satisfied and
discharged and replaced by an irrevocable obligation of Bank to settle for the Prefunded items on the
settlement date.
   
    5.12    Cancellation
   
            5.12.1     You may cancel these ACH Provisions at any time by notifying us electronically
or by mail, addressed to Bank: Frederick County Bank, Operations Department, P.O. Box 1100,
Frederick, MD 21702-0100. This will cancel any ACH services you have agreed to but will not terminate
this Agreement or your Accounts with Bank.
   
            5.12.2     Bank may terminate your use of ACH at any time. We will try to notify you in
advance, but we are not obligated to do so.
   
        5.13    Limit of Bank's and Other Providers' Responsibility
   
            5.13.1     Bank agrees to make reasonable efforts to ensure full performance of ACH. We
will be responsible for acting only on those instructions that are actually received and cannot assume
responsibility for malfunctions in communications facilities not under our control that may affect the
accuracy or timeliness of messages you send. Bank is not responsible for any losses or delays in
transmission of instructions arising out of the use of any participating bank. We are not responsible
should you give incorrect instructions or if your payment instructions are not given prior to published
Cutoff Hours.
   
            5.13.2     If a third party service provider sends Entries to us on your behalf, you
acknowledge that the provider is your agent and you agree that you shall require any third party provider
to comply with the provisions of this Agreement.
   
            5.13.3     You agree to indemnify Bank, each participating bank, NACHA, and the Federal
Reserve Bank from all claims, demands, liabilities or expenses resulting from any failure on your part to
exercise reasonable care in the creation of or presentment of Entries, or to comply with any of the
provisions of the Rules.
   
            5.13.4     Any information you receive from Bank is believed to be reliable. However, it
can only be provided on a best-efforts basis and is not guaranteed. We are not liable for any deficiencies
in the accuracy, completeness, availability or timeliness of such information or for any investment or
other decision made using this information.
   
            5.13.5     Except as otherwise provided in the Important Information About Deposit
Accounts pamphlet which has been separately provided to you, and in the absence of negligence on the
part of Bank, neither Bank, nor any participating bank is responsible for any direct, indirect, special,
incidental or consequential damages arising in any way out of the use of ACH.
   
    5.14    Customer Service
   
            5.14.1     If you need assistance with ACH, or if you need to communicate with us, you
may contact a Bank representative by telephone at 301-620-1400.
   
            5.14.2     You agree that we may record the conversations our employees have with you.
We do this from time to time to monitor the quality of service and accuracy of information our employees
give you, and to ensure that your instructions are followed.
   
            5.14.3     Bank representatives can help resolve ACH issues, but are not authorized to
waive any provision of this Agreement.
   
    5.15    Electronic Funds Transfers
   
            ACH enables you to transfer funds to or from your authorized Bank deposit accounts.
The Electronic Funds Transfer Act provides you with certain rights and responsibilities with respect to
certain consumer transfers, called "Electronic Funds Transfers." Consult our Important Information
About Deposit Accounts pamphlet that has been previously provided to you which explains your rights
and responsibilities under the Electronic Funds Transfer Act.