SMART TOUCH® ONLINE BANKING
DISCLOSURE STATEMENT AND AGREEMENT

Effective Date: September 12, 2005

NOTICE
Effective September 12, 2005 the Smart Touch Online Banking Disclosure Statement and Agreement has been amended to include new features in the online banking service.

DEFINITION OF TERMS

       
  1. The terms "you" and "your" refer to users of the Service.

  2. The terms "we", "us" and "our" refer to United Bank.

  3. The term "Password" refers to the code that you use to access the Service.

  4. The term "Payee" refers to a merchant or other person scheduled to receive a payment through your use of the Service.

  5. The term "Service" refers to United Bank Smart Touch Online Banking as described in this Agreement, which is available through the United Bank web site.

  6. The term "Software" refers to the computer programs through which you are permitted to access the Service.

  7. The term "Agreement" refers to this Smart Touch Online Banking Disclosure Statement and Agreement.

  1. PURPOSE. The primary purpose of this Agreement is to authorize banking transactions by electronic means. When you use, or you permit any other person to use, the Service, you agree to the terms and conditions of this Agreement.

  2. SERVICES. You may use the Service to request the following transactions for accounts that may be accessed through the Service:

    • Transfer funds between your checking, savings or money market accounts or as a payment from any of those accounts to a linked installment loan or line of credit;

    • Obtain certain account balance and transaction information;

    • Schedule the distribution of funds from your checking account to Payees which you have selected to receive payment; and

    • Order us to stop payment of checks drawn by you on your checking accounts.

    • Perform self-service account maintenance such as re-ordering checks, ordering copies of paid checks, requesting copies of monthly checking or savings statements, and changing your Online Password.

    • Send us secure online email messages and questions regarding your Online Banking service and receive electronic email from us.

  3. USE OF PASSWORD; AUTHORIZATION. The Password used with the Service acts as the signature of the owner of the account. The Password identifies the user of the Service as an individual who is authorized to conduct transactions from the account and validates the directions given. By using your Password to gain access to the Service and directing us in your use of the Service, you authorize us to follow those directions. All electronic communications that are authenticated and validated by us will be deemed to be valid and given the same effect as written and signed paper communications.

    Your Password for the Service is a security method by which we are helping you to maintain the security of your account. Therefore, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNS YOUR PASSWORD. You will be denied access to the Service if you do not enter the correct Password or other requested information. We may require you to change your Password from time to time for security reasons.

  4. ACCOUNT REQUIREMENTS. To enroll in the Online Banking Service, you must maintain at least one deposit account with United Bank which may include the following type of accounts: checking account, savings account or money market account ("Accounts").

    We reserve the right to deny you the ability to access the Service, to limit access or transactions or to revoke your access to the Service without advance notice.

  5. ONLINE BANKING NOTIFICATIONS. When you activate a notification, you agree to the following:

    • Online Banking Notifications allow you to create a variety of automated alert messages for your online banking accounts.

    • Each notification has different options available, and you will be asked to select from these options upon activation of your notifications service.

    • Electronic notifications will be sent to the email address you have provided as your primary email address for Online Banking. If you change your email address you are responsible for informing us of the change.

    • You understand and agree that your notifications may be delayed or prevented by a variety of factors. We neither guarantee the delivery nor the accuracy of the contents of any notification. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third party in reliance of an alert.

  6. ELECTRONIC MAIL. Email or Secure Notifications to the Bank may be delayed; therefore, if you need us to receive information concerning your account immediately, you must contact us in person or by telephone (for requests such as, stop payments, to report a lost or stolen card or to report unauthorized use of your account). We shall have a reasonable period of time after receipt to act on requests or information you send by email.

  7. POSTING. Transactions conducted on a business day before 8:00 p.m. (Eastern Time) are posted to your account as of that business day. Transactions conducted at or after 8:00 p.m. (Eastern Time) on a business day or on Saturday, Sunday or a holiday are posted to your account as of the next business day.

    Preauthorized transactions scheduled to be completed on a business day will be posted to your account as of that business day. Preauthorized transactions scheduled to be completed on a day other than a business day will be completed and posted to your account as of the next following business day. Preauthorized transactions scheduled to be completed on a day which does not exist in a certain month will be completed and posted to your account as of the last business day of the month.

    Transactions posted to your account as of a certain business day may not be reflected on account balances revealed by your use of the Service until the next following business day.

  8. FUNDS TRANSFER SERVICE. You may use the funds transfer service to schedule the transfer of funds between your United Bank checking and savings accounts with us. The Service allows you to make funds transfers in two ways:

    • A future dated transfer is a single transfer of funds to be made on a date you specify up to one month in advance.

    • An immediate transfer is a single transfer of funds to be made as soon as possible after you request the transfer.

  9. BILL PAYMENT SERVICE. You may use the bill payment service to schedule the distribution of funds from your checking account to Payees that you have selected to receive payment using the Service. The Service allows you to make bill payments in a number of ways:

    • A recurring payment is one of a series of payments of a fixed amount of funds to a Payee on a regular periodic basis.

    • A future dated payment is a single payment to a Payee to be made on a date you specify up to one month in advance.

    • An immediate payment is a single payment to a Payee to be made as soon as possible after you request the transfer.

    Payments to Payees may be made by paper draft or, if the Payee accepts them, transfers through the automated clearing house.

    The amount of any one payment to a Payee may not exceed $9,999.99.

    You may not make a payment of alimony, child support, taxes or other court-directed or government payments, fines or penalties. Payments to Payees outside the United States are prohibited.

    We reserve the right to refuse to pay any Payee to whom you may direct a payment for any reason and without notice.

    You may also make payments to your credit or loan accounts with us by transferring funds directly to these accounts from your checking account.

    A payment will not be made if the amount to be paid exceeds the amount of funds available in your account, including any available overdraft protection.

    You may obtain a paper copy of your authorization of a bill payment by printing a copy from the printer linked to your computer.

    You may cancel your use of the bill payment service at any time by giving us at least ten (10) business days prior written notice of cancellation. Write to us at United Bank, Retail Call Center, 14426 Albemarle Point Place, Suite 100, Chantilly, Virginia 20151. If you cancel the bill payment service, any scheduled payments will not be made as scheduled.

    PLEASE NOTE: PAYMENTS MADE THROUGH THE SERVICE REQUIRE SUFFICIENT TIME FOR THE PAYEE TO CREDIT YOUR ACCOUNT PROPERLY. TO AVOID LATE CHARGES BY THE PAYEE, YOU MUST SCHEDULE A PAYMENT SUFFICIENTLY IN ADVANCE (AT LEAST SEVEN BUSINESS DAYS) OF THE DUE DATE OF YOUR PAYMENT. WE CANNOT GUARANTEE PROMPT RECEIPT AND PROCESSING OF PAYMENTS BY PAYEES. WE SHALL NOT BE RESPONSIBLE FOR ANY CHARGES IMPOSED OR OTHER ACTION TAKEN BY A PAYEE BECAUSE OF A LATE PAYMENT, INCLUDING BUT NOT LIMITED TO FINANCE CHARGES AND LATE FEES.

  10. STOP PAYMENT ORDERS. An order by you to us, using the Service, to stop payment of a check drawn by you on your checking account is subject to applicable law concerning stop payment orders, and such an order, using the Service, shall be considered to be an order made in writing.

  11. ACCOUNT RULES AND REGULATIONS. You agree that the use of the Service is subject to the rules and regulations of each account and any other applicable agreements you have with us. This Agreement will control if there is a conflict between agreements.

  12. ACCOUNT TRANSFER LIMITS. Transfers out of your savings account, including a money market deposit account, may be limited to six per month or monthly statement cycle (including, in the case of a money market deposit account, no more than three of such six transfers by check, draft, debit card or similar order payable to third parties) in accordance with the agreement that governs an account. These limits are imposed by federal law. If the limits are exceeded, we reserve the right to charge a fee, close the account or reclassify the account as a transaction account.

  13. FEES. We charge a fee for an order to stop payment of a check drawn by you on your checking account and for transfers in excess of the limits described in paragraph 9 above, as provided in our fee schedule, as such schedule may change from time to time.

    There is no monthly service charge for accessing your linked accounts, or for paying bills with the Online Banking service.

  14. SERVICE HOURS. Online Banking services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on-line when you sign on to Online Banking. Our Call Center is available from 8:30 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 1:00 p.m. Saturday, excluding holidays.

  15. BUSINESS DAYS. Our business days are Monday through Friday. Holidays are not included.

  16. HOW TO CONTACT US. If you believe your Password has been lost or stolen or that an unauthorized transfer from any of your accounts has occurred or may occur, please contact us immediately by calling us at 1-800-730-6169, or writing to us at United Bank, Retail Call Center, 14426 Albemarle Point Place, Suite 100, Chantilly, Virginia 20151. You may be denied access to the Service until the Service is reactivated and a new Password selected.

  17. RECORD OF TRANSACTION. You will receive a monthly statement showing the status of your accounts, including transactions that occurred during the past month.

  18. PREAUTHORIZED PAYMENTS. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how:

    Call us at 1-800-730-6169, or write to us at United Bank, Retail Call Center, 14426 Albemarle Point Place, Suite 100, Chantilly, Virginia 20151, in time for us to receive your request three business days or more before the payment is scheduled to be made. You may call us 8:30 a.m. to 6:00 p.m. Monday through Friday, 9:00 a.m. to 1:00 p.m. Saturday. If you call, we may require you to put your request in writing within 14 days after you call. When you make the request, you must tell us your name and account number, the name of the Payee, the exact amount of the payment you want stopped and the date the payment is scheduled to be made.

    If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

  19. JOINT ACCOUNTS. When your Online Banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer. Joint accounts using the same User ID will be identified as one service.

  20. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS. Telephone us at 1-800-730-6169, or write to us at United Bank, Retail Call Center, 14426 Albemarle Point Place, Suite 100, Chantilly, Virginia 20151, as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. You must provide us with the following information:

    1. Tell us your name, account number and Payee, if applicable.

    2. Describe the error or the transaction you are unsure about and explain as clearly as possible why you believe it is an error or why you need more information; and

    3. Tell us the dollar amount of the suspected error.

    We will determine whether an error occurred within ten 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 credit your account within ten business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.

    If we ask you to put your complaint or questions in writing and we do not receive it within ten business days, we may not credit your account.

    We will tell you the results within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we decide there was no error, we will send you a written explanation. If we credit your account with funds while investigating an error, you must repay those funds to us if we conclude no error has occurred.

  21. CONSUMER LIABILITY. Tell us AT ONCE if you believe your Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit).

    If you tell us within two business days, you can lose no more than $50.00 if someone used your Password without your permission. If you believe your Password has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your Password without your permission.

    If you do NOT tell us within two (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 $500.00.

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

    If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

    If you disclose your Password to anyone, you assume all risks and losses associated with such disclosure. You are responsible for all transactions you authorize using the Service.

  22. DISCLOSURE OF ACCOUNT INFORMATION. We shall disclose information to third parties about your accounts or the transactions you make:

    1. Where it is necessary to complete transactions or investigate transaction errors and verify transactions;

    2. In order to verify the existence and standing of your accounts with us upon the request of a third party, such as a credit bureau, merchant or payee;

    3. In accordance with your written permission; or

    4. In order to comply with court orders or government or administrative agency summonses, subpoenas, orders, examinations and escheat reports.

  23. OUR LIABILITY. If we fail to complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance, if:

    1. There are insufficient funds in your account to make the transfer through no fault of ours;

    2. The funds in your account are unavailable;

    3. The funds in your account are subject to legal process;

    4. The transaction you request would exceed the funds in your account plus any available overdraft credit;

    5. Your Password has been reported lost or stolen or your Service privileges have been suspended;

    6. We have a reason to believe that the transaction requested is unauthorized;

    7. The failure is due to an equipment breakdown which you knew about when you started the transaction;

    8. The failure was caused by an act of God, fire or other catastrophe, or by an electrical or computer failure or by another cause beyond our control, despite reasonable precautions we have taken;

    9. You attempt to complete a transaction using the Service which is not a permissible transaction;

    10. The transaction would exceed security limitations on the use of the Service;

    11. You have not given us complete information or properly followed our procedures on how to complete the transaction; or

    12. The Payee does not credit your payment properly.

    There may be other exceptions in our rules and regulations, or other agreements between us.

    LIMITATION ON OUR LIABILITY. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF THE SERVICES DESCRIBED IN THIS AGREEMENT, INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES.

    WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF THE SOFTWARE OR THE EQUIPMENT YOU USE TO ACCESS THE SERVICE, INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES.

  24. AMENDMENT OF THIS AGREEMENT. We may change the terms of this Agreement at any time, including changes to the Service. We will notify you of the changes as required by law. Your use of the Service, including any new or additional service, after the effective date of the change will constitute your acceptance of and agreement to the change.

    We have the right to suspend or cancel the Service in whole or in part, at any time, without cause or notice. Your Service privileges may also be revoked if the account that is used with the Service becomes overdrawn. If the Service is suspended or cancelled, you understand that any scheduled transactions will not be made as scheduled. Suspension or cancellation shall not affect your liability or obligations under this Agreement.

  25. CANCELLATION. Your Online Banking services remain in effect until they are terminated by you or United Bank. You may cancel your Service at any time by notifying us of your intent to cancel in writing or through Online Banking secure email notifications. This cancellation applies to your Online Banking service and does not terminate your United Bank accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the Service.

  26. INACTIVITY. If you do not log on or have outstanding scheduled bill payments or transfers through Online Banking service or Online Bill Pay for 120 days, we may cancel your Service without further notice.

  27. USE OF EXTERNAL EMAIL ADDRESS. With the Online Banking Service, we may send messages to your external email address and notify you that responses to your payment inquiries or customer service inquiries are available. We cannot act on instructions sent by you from an external email address. You should use Online Banking secure email notification to send instructions to United Bank. You may notify us of any changes to your external email address through the Online Banking Customer Service Link or from the Other Services tab, then click on Secure Forms.

  28. CONTACT BY UNITED BANK. No United Bank employee, nor any company affiliated with United Bank Online Banking will contact you via email or phone requesting your Online User ID or Password. If you are contacted by anyone requesting this information, please contact us immediately.

  29. GOVERNING LAW. The terms and conditions of this Agreement are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of law provisions, and federal law.

  30. ASSIGNMENT. We may assign or transfer this Agreement.