MIDWESTONE  PERSONAL ONLINE BANKING AGREEMENT & DISCLOSURE

The following information represents the “Personal Online Banking Agreement and Disclosure Statement” between you and MidwestOne Bank (MWO).  Please read this entire document prior to using this service and retain a copy for your records.

This agreement is made between you and MWO for accessing your MWO accounts using our web site (www.midwestone.com).  As used in this document, the words, “we”, “our”, and “us” mean MidwestOne Bank and assigns the words “you” and “your” to mean each account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account(s).  Online Banking Services (Services) means the communications and transactions provided to you by us through the isbt.com web site, including but not limited to the following: account information, funds transfers, bill payments, stop payments, statement/transaction inquiries and downloads.

By using the Services, you agree to abide by the terms and conditions of this agreement and acknowledge your receipt and understanding of the disclosures contained in this agreement.  This agreement is in addition to other agreements between you and us, including the applicable deposit account disclosure agreement(s) and terms and conditions, and our rules and regulations and other loan agreements with us.  If there is a conflict between the terms and conditions of this agreement and the terms and conditions of any other agreements between you and us, this agreement will control.

When you use our Services, you agree to the terms and conditions we have set forth in this agreement and any instructional material that we provide you regarding the Services.  Your use of the Services may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications, which are acceptable to MWO.  All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications.  You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.

1. Equipment
To access the available Services through MWO’s Online Banking, you must have an active account with
an Internet Service Provider (ISP), an Internet browser software program such as Netscape Navigator® or Microsoft Internet Explorer® which provides 128 bit encryption and any necessary hardware and other software (collectively, “Equipment”).  Other browsers may also work, however, the accountholder must ensure the browser will provide 128 bit encryption.  From time to time, we may recommend that you upgrade your browser to maintain the latest encryption technology.

You are responsible for, at your expense, obtaining, installing, maintaining and operating all Equipment that accesses the Services.  You must be an authorized user of the Equipment you use.  We do not warrant nor will we be responsible for any errors or failures from the malfunction or failure of your Equipment.

2. Account Access
To access your account(s) through MWO’s Online Banking, you must have at least one eligible deposit or
credit account with us.  You will have access to all accounts on which you are an owner or a signer.  An account that requires two or more signatures to make withdrawals may not be designated as an eligible account.

You must access your Online Banking account at least once every 180 days in order for it to remain active.  If you do not access your account every 180 days, your account will be terminated automatically.  In order for you to regain access, you will need to re-apply for Online Banking Services.

3. Access Codes
During your use of the Services, you are required to enter:

• Access ID (You will choose an access id when you enroll in the services.)
• Password (You will select an initial password when you enroll in the Services.   You will be required to change this password upon your initial login to the system.  A valid password consists of 6-14 characters.  It must contain at least one number, at least one uppercase letter, and at least one lower case letter.)

Use of these Access Codes is the agreed security procedure to access the Services.  You agree to keep these numbers and codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services.  For security purposes we recommend that you do not use the same Access Codes you use on other bank products.  For further security purposes, we recommend that you memorize your MWO Online Banking Password and not write it down. Anyone you give your “User ID” and “Password” to can view your accounts, and make transfers. 

4. Available Services

• Account Information

You may obtain up to the minute account balance and summary information, interest information, loan payment amounts, payment due dates and certificate of deposit maturity dates.  You will have access to your current statement cycle and your previous statement cycle.

• Funds Transfers

You may transfer funds between your various checking and savings accounts, and make loan payments from your savings or checking accounts.  You may make “One Time Transfers” or you may set up “Recurring Transfers” on these accounts.  You may make transfers occur at the earliest possible time, a future date, or on a recurring basis.

If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.  You agree that you will instruct us to make a transfer only when a sufficient balance is or will be available in the designated account at the time of the transfer.  You understand that we will not act on any transfer from you if sufficient funds are not available in the account that you designated.

Your ability to make transfers from your savings accounts and Hi-Fi accounts are restricted by Federal Reserve Board Regulation D.  For each of your savings accounts and money market accounts you are prohibited from making more than six pre-authorized transfers per month, no more than three of which may be payable to third parties, such as checks, ACH transfers or debit card entries.  Pre-authorized transfers include transfers made through MWO’s Online Banking.  (For additional information on the limitation, please refer to the “Rules and Regulations Disclosure” Brochure.)  Once an account has violated the Regulation D limit rules, MWO will automatically convert the account to a transaction type account.  A transaction type account is an account that does not have limitations on the number of withdrawals or transfers, and will have different interest rates then a Hi-Fi Money Market account, an Investment Cash Management account or a Savings account.

• Stop Payments

You may stop payment on a check or a series of checks. You will be mailed a confirmation notice that you will be required to sign and send or deliver to MWO within 14 days after reporting the stop payment using this method.  Your account will also be debited a Stop Payment fee of $27.00 plus applicable State Sales Tax.

• Secure Statements

Once you enroll in MWO Online Banking/Secure Statements, you will no longer receive your paper statement(s).   We will document and archive all statements, cancelled checks and other account documents to ensure future availability whether produced electronically or in print.  You authorize us to electronically deliver your periodic bank statements and any other disclosures that we might send to you with your statements, such as Truth in Savings disclosures or other required disclosures relating to your account(s).

You will access your  Secure Statement by following these steps:

• Log onto www.midwestone.com
• Click on Account Login option (located on the top of page)
• Click on Personal Online Banking
• Enter your Access ID & Password
• Choose your account (click on the account number)
• Click on the Documents option
• Click on Checking Account Statements
• Click the statement you wish to view and print your  statement and/or save it to your hard drive

We will notify you by e-mail each time your Secure Statement is available.  If you want to request a paper copy of your Secure Statement please contact us at (319) 356-5800 to toll-free at (800) 247-4418 or use our Secure Guestbook.  If you request a paper copy of your bank statement normal fees will apply

5. E-mail (Secure Guestbook)
For a secure message (encrypted) to be sent electronically to MWO, we recommend using our “Secure
Guestbook” to create your message.  Use our Secure Guestbook to make inquiries, request information, for routine maintenance, and/or problem resolution issues.

Regular e-mail is not a secure method of communication over the Internet and we strongly recommend you do not send confidential information by e-mail.

You agree to provide and update your E-mail address to MWO for communication purposes.  MWO may rely solely on E-mail for notifications, etc.  You agree that we may send you or make available to you notices, disclosures and other information electronically, including (but not limited to) notices, disclosures and other information required under the Electronic Funds Transfer Act and Regulation E of the Federal Reserve Board.  We may send this information to you by posting it on our web site or by e-mail.  This information is not confidential and is sent by regular unsecured e-mail.  We may also send it to you by regular postal mail in writing, at the address shown in our records.  If you have given us an e-mail address or postal address, we are entitled to rely on that address and assume that messages sent to that address are received by you, until you give us notice in writing that the address is no longer valid.  You agree that information we post to our web site or send by e-mail or regular postal mail will be deemed delivered at the time it is posted or sent.  Information you send to us is deemed delivered when we receive and review it.  If we send you a notice, disclosure or other message electronically and you wish to download or print it and are unable to do so, contact us at 319-356-5800/1-800-247-4418 or by mail to:  MWO, PO Box 1700, Iowa City, IA  52244-1700.

6. Service Charges or Fees
As an enrolled user of MWO’s Online Banking Services you may be charged applicable Monthly Fee
and/or Service Charges whether or not you use the Services.  You authorize us to automatically deduct all applicable charges and fees from your primary checking account you have with us. (For a current fee schedule, send us a message using our Secure Guestbook, or contact us at 319-356-5800.)

7. Business Days and Hours of Operation
Our business days are Monday through Friday, excluding federal holidays.  Our office hours of operation
are from 9:00 a.m. to 5:30 p.m., Monday through Friday.

You can access MWO’s Online Banking Services seven days a week, 24 hours a day.  However, at certain times, some or all of MWO’s Online Banking Services may not be available due to system maintenance.  We also may need to change our available Services from time to time.  We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.

A transfer between deposit accounts initiated through MWO’s Online Banking before 6:00 p.m. (Central Standard Time) on a business day is posted to your account the same day.  A transfer between deposit accounts initiated after 6:00 p.m. (Central Standard Time) on a business day, or initiated on a Saturday, Sunday, or federal holiday, will be posted on the next business day.

8. Reporting Unauthorized Transactions
If you believe that an unauthorized transaction has been or may be conducted from your deposit Account
without your permission, send us a secure message using our Secure Guestbook located at: (https://midwestone.com/contact.php) call us at: 319-356-5800 / 1-800-247-4418 or write us at:  MWO, Online Banking Department, PO Box 1700, Iowa City, Iowa  52244-1700.

9. Our Responsibility
We, or a third party acting as our agent, are responsible for completing fund transfers on time according
to your properly entered and transmitted instruction.  However, neither we nor the Service Provider will be liable if:

• If you do not have adequate money in a deposit account to complete a transaction from the account, or if that account has been closed.
• If you have not properly followed Software or service instructions on how to make a transfer.
• If you have not given complete, correct and current instructions so that a transfer can be made.
• If withdrawals from any eligible accounts have been prohibited by a court order such as a garnishment or other legal process.
• If we or our agent reasonably believe that a transaction may be unauthorized and based thereon the transaction is not completed.
• If your Equipment and/or Software were not working properly.
• If a User conducts a transaction that would violate Federal Reserve Regulations or any other law.
• If circumstances beyond our, or our agent’s, control prevent making a transfer or payment, despite reasonable precaution that we have taken.  Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by fires, floods, and other natural disasters.

There may be other exceptions to our liability as stated in your Depositor Agreement.

10. Liability for Loss or Erroneous Data
You or the Bank will bear the liability or the risk of any error or loss of data, information, transactions or
other losses which may be due to the failure of their respective computer system or third party communications provider on which you or the Bank may rely.  We shall have no liability to you for any damages or other loss, direct, indirect, incidental or consequential, which you may incur by reason of your use of Online Banking, so long as we act in good faith.  Your sole remedy for delays or interruptions due to hardware or software failures or incompatibilities shall be to have the transaction completed as soon as reasonably possible after such problems are resolved.

11. Privacy
You agree we may release, or assist in the release of credit and other account information to a third party
as may be necessary to process a transaction or resolve disputes. 

12. Security
In order to maintain secure communications and reduce fraud, you agree to protect the security of your
numbers, codes, marks, signs, public keys or other means of identification.  We reserve the right to block access to the Services to maintain or restore security to our Site and systems; if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s).

13. Ownership of Materials
The content and information on our site is the property of MidwestOne Bank, Iowa City, Iowa.  It should not
be duplicated, or copied by any means.

14. Severability
If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or
unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction, or any other provision in that or any other jurisdiction.

15. Venue
Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any
provision thereof shall be instituted only in the District Court in and for Johnson County.  This agreement shall be interpreted under the laws of the State of Iowa.

16. No Signature Required
When any payment or other online service generates items to be charged to your account, you agree that
we may debit your designated eligible account or the account on which the item is drawn without requiring your signature on the item, and without prior notice to you.

17. Amendment of this Agreement
We may amend this agreement (including changes in its fees and charges hereunder) by giving notice to
you at least 30 days before the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation.  Your continued use of the Services is your agreement to the amendment(s).

18. Termination
You may terminate this agreement and any service provided hereunder at any time upon giving at least
10 days prior written notice of termination to MWO.  Once we have acted upon your termination notice, we will make no further transfers from your eligible accounts, including any fund transfers you have previously authorized.  We reserve the right to terminate or to discontinue support of any software or equipment without written notice.

MidwestOne Bank reserves the right to terminate your use of Online Banking at any time.