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Introduction This Internet Banking Access Agreement for accessing your personal accounts via Capital Bank's Online Banking, called Net Connection, explains the terms and conditions which govern online account activity. By using the online financial services provided by Capital Bank, you agree to abide by the terms and conditions of this agreement. This agreement will be governed by all applicable federal laws and regulations. In the event that no federal law applies, the agreement will be governed by laws and regulations effective in the State of Georgia. The term "business day" refers to every day except Saturday, Sunday and Federal Banking Holidays. Accessing Your Accounts In order to activate Net Connection Online Banking, you must have at least one active account with Capital Bank. As a customer of Capital Bank, you may access your accounts by selecting and using an online password (PIN). You should keep your PIN in a secure location. Any person having access to your Capital Bank PIN will be able to access Net Connection Online Banking and perform all transactions, including reviewing account information and making transfers to other accounts which are accessible with your PIN. You will use the last four digits of your social security number (or the PIN number that you use to access Capital Connection telephone banking, if it has been changed) which will allow you to log on to Capital Bank's Net Connection for the first time. The first time you log into Net Connection Online Banking, you will be required to change the assigned password and choose a password known only to you containing a combination of Alpha and Numeric characters. The password must be at least six (6) digits with a minimum of 4 numeric and 2 alpha and no more than sixteen (16) digits. The user can change their password through the Net Connection Online Banking at any time, and occasional password changes are recommended. If you suspect that an unauthorized person has access to your password, please use one of the following methods to contact us immediately: " Monday through Friday, 9a.m. to 4 p.m. at 706-866-1146 or " e-mail us at info@capitalbank-ga.com Terms and Conditions The first time that you access any of your accounts through Net Connection, you confirm your agreement to abide by all the terms and conditions of this Online Agreement, and acknowledge your receipt and understanding of this disclosure. Capital Bank reserves the right to cancel your online service at any time without notice due to insufficient funds in one or more of your accounts. After cancellation, service may be reinstated at the discretion of the bank provided that funds are available to cover the cost of any fees and/or pending transfers. To reinstate your service contact us at 706-866-1146 or via e-mail at info@capitalbank-ga.com. Balance Information-You may access any eligible Capital Bank account on which you are authorized to receive transaction history and balance information. The balance and account history will show the current balance of the account, including any transactions conducted prior to the inquiry. Returns in process due to non-sufficient funds or stop payments may not be reflected in the inquiry. You agree to be responsible for any telephone and/or Internet Service Provider charges that you may incur by accessing your accounts via Net Connection Online Banking at Capital Bank. Fees and Charges for Net Connection Online Banking There are no monthly fees for viewing accounts or transferring funds between accounts. We reserve the right to change the fees, charges or other terms outlined in this agreement. We will notify you 30 days prior to implementation of changes, either by written notice or via e-mail. We also reserve the right to update this agreement at any time that we deem necessary. You may choose to accept or decline changes by continuing or discontinuing the service to which the changes relate. Changes to fees applicable to specific accounts are governed by the applicable account disclosure. Hours of Accessibility You may access Net Connection Online Banking at Capital Bank seven days a week, 24 hours a day. Necessary system maintenance will be scheduled for hours in which system traffic is normally at a minimum. If the system is unavailable due to an unanticipated problem, you may use the automated telephone voice response system Capital Connection (TELEBANK), one of our ATM machines or a branch office to conduct your transactions. Customer Rights and Responsibilities In addition to this agreement you agree to be bound by and comply with the account agreement and account disclosure, the rules and regulations of the electronic transfer system, and the state and federal laws and regulations including the Regulation E disclosure that you received when you opened your account. You, the customer, are responsible for keeping your PIN and account data confidential. We are entitled to act on transaction instructions received using your PIN, and you agree that the use of your PIN will have the same effect as your signature, authorizing the transactions. If you authorize other persons to use your PIN in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization, or changed your PIN. You, the customer, agree that you are responsible for any transactions made by such persons until such time that we receive and have time to act upon the notification that transfers by that person, or instructions regarding your accounts, are no longer authorized. You must notify us immediately if you suspect that another person has improperly obtained use of your online password. You must also notify us if someone has transferred or may transfer money from your bank account without your permission, or if you suspect any fraudulent activity related to your account. You should reveal your account number only to legitimate entities for purposes you authorize, such as automatic payments to your insurance company. To notify us call 706-866-1146, e-mail at info@capitalbank-ga.com or call your local branch. Stop Pays Stop pays will be processed the same day as long as they are received before 3:00 p.m. EST. There is a $34.00 fee that will be automatically assessed to your account. We WILL NOT be liable: " If you, or anyone you allow, supply any incorrect or incomplete information that affects said transaction. The bank uses a computer system to check for stop payments. If you do not give the bank the exact amount of the check and the exact check number, the bank will not identify the proper check and the check will not be stopped. " If circumstances beyond our control (such as fire, flood, or improper transmission) keep us from receiving the stop payment order, despite reasonable precautions taken by us. " If any electronic terminal, telecommunications device, or any part of the electronic system is not working properly. Stop payments on ACH/EFT items cannot be placed online. Please contact your local branch office. Stop Payment Agreement-You agree that unless your stop payment order is received by the bank within a reasonable time for the bank to act on your order prior to final payment of the check, the bank will not be responsible for stopping payment. You agree that you may not stop payment on any type of ACH/EFT transfers including Point of Sales and Pre-authorized ACH transactions, any Cashiers Check, certified check or other financial institution check you have purchased from the bank, or any check of which the bank has guaranteed. You understand that your stop payment request is conditional and subject to the bank's verification that the check has not already been paid or that some other action to pay the check has not been taken by the bank. Duration-A stop payment order against a check is effective only against the check that is described in the online stop payment order. A written stop payment order is effective for six (6) months only and will expire automatically at that time unless you have specifically renewed it prior to expiration. Fees-You agree to pay a service charge for this stop payment order in the amount shown in the banks current disclosure of fees and charges. Unless otherwise agreed, the bank is authorized to charge this service charge to the account. Indemnification-You agree to indemnify, defend and hold the bank harmless against all costs, including attorneys fees, actions, damages or claims related to or arising from the bank's action in refusing payment of the check, including claims of any joint depositor, payee or endorsee or in failing to stop payment of a check, as a result of incorrect information provided by you. You agree to notify the bank promptly upon the issuance of any duplicate check, which replaces the check subject to this order or upon return of the original check. Limitations on Bank Liability The bank will not be responsible for the following incidents, errors or failures: Access-The bank will not be responsible for failure to provide access to Net Connection Online Banking at Capital Bank due to a system failure or due to other unforeseen acts or circumstances. Your Computer Equipment or Software- We will not be responsible for any error or failures from a malfunction of your computer or any computer virus or other problems related to your computer equipment used with Net Connection Online Banking. The bank is not responsible for any error, damages or other losses you may suffer due to the malfunction or misapplication of any system you use, including your browser (Microsoft Explorer, Netscape Navigator, or otherwise), your Internet service provider (ISP), your personal financial management or other software, (such as Quicken, or Microsoft Money), or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with Capital Bank. Electronic Mail (e-mail) You may use e-mail to contact us about inquiries, maintenance, and/or some problem resolution issues, in which case we will respond by e-mail. E-mail may not be a secure method of communication. We therefore recommend that you do not send confidential, personal or financial information by e-mail. There may be times when you need to speak with someone immediately, in these cases, call 706-866-1146. I agree to receive emails, including new promotions and special offers, from Capital Bank. Ownership of Website Capital Bank prohibits the unauthorized use, reproduction, linking, or distribution of any portions of information contained on our website.

           I Agree to the above Terms and Conditions
           I Do Not Agree to the above Terms and Conditions