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Horizon's Internet Agreement and Disclosures

Agreement -This Agreement, which includes the Enrollment Form, is a contract, which establishes the rules that cover your electronic access to your accounts at Horizon Bank through Online Banking. Using or permitting any other person to use Horizon Bank Online Banking, you accept all the terms and conditions of this Agreement. Please read it carefully. 

The terms and conditions of the Customer/Bank Relationship Agreement, deposit agreements, and disclosures for each of your Horizon accounts as well as your other agreements with Horizon such as loans continue to apply notwithstanding anything to the contrary in this Agreement. 

This Agreement is also subject to applicable federal laws and the laws of the State of Indiana (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Horizon’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation, or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement. This Agreement, together with the Enrollment Form with fee disclosures, constitutes the entire agreement between you and Horizon with respect to the subject matter hereof, and there are no understandings or agreements relative hereto which are not fully expressed herein. 

Definitions - As used in this Agreement, the words "we," "our," "us," and "Horizon" mean Horizon Bank and any agent, independent contractor, designee, or assignee the Bank may, in its sole discretion, involve in the provision of Online services. "You" and "your" refer to the accountholder authorized by Horizon to use Online Banking under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through Horizon Bank Online Banking. "Account" or "accounts" means your accounts at Horizon. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point-of-sale transactions, transfers to and from your Horizon accounts using Online Banking, including bill payments. "Online Banking Services" means the services provided pursuant to this Agreement, "Business days" means Monday through Friday. Holidays are not included. 

Access - To use Horizon Bank Online Banking, you must have at least one account at Horizon, access to Internet service, and an e-mail address. You are responsible for obtaining, installing, maintaining, and operating all computer hardware, software, and Internet access services necessary for performing Online services. You will be responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with Online services provided by the Bank. 

Horizon Bank Online Banking can be used to access only the Horizon accounts which you have designated for access on your Enrollment Form. You can add or delete any of your Horizon accounts from this Agreement by emailing Access to your accounts through Horizon’s Online Banking will be based upon the identification of users and authority levels specified by you in your Enrollment Form, provided that we shall have no responsibility or obligation whatsoever to monitor transactions through Online Banking to determine that they are made on behalf of the account holder. 

Hours of Access - You can use Horizon Bank Online Banking seven days a week, twenty-four hours a day. However, some or all services may not be available occasionally due to problems arising in connection with transmissions over the internet, emergency, or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the Horizon Online website. Online Banking customer service support is available Monday through Thursday from 8:00 a.m. to 5:00 p.m., Friday from 7:00 a.m. to 6:00 p.m., and Saturday from 7:00 a.m. to 12:00 p.m. (Central Daylight Time). 

Your Password – For security purposes, you are required to create your password upon your initial login to Online Banking. You determine what password you will use. The identity of your password is not communicated to us. When creating a password, you should use letters and numbers. The password should contain at least 1 special character and should be at least 8 characters in length. You agree that we are authorized to act on any and all instructions received from you while successfully logged in to Horizon Bank Online Banking. You accept responsibility for the confidentiality and security of your password and other information related to your account and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to Online Banking will be revoked, and you must then request an Access Code that will allow you to reset your password. For questions, you may call customer support at 219-873-2640 or toll-free at 888-873-2640 Monday through Friday from 8:00 a.m. to 5:00 p.m. (Central Daylight Time). 

Once you have logged in for the first time, we recommend that you create a password consisting of 8-25 characters which must utilize both alpha, numeric, and at least one upper and lower case characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down. 

Security - You understand the importance of your role in preventing misuse of your accounts through Horizon Bank Online Banking. You agree to promptly examine your statement for each of your Horizon accounts as soon as you receive it. You agree that it is your sole responsibility to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information, together with other information related to your account, may allow access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Horizon Bank Online Banking is encrypted in an effort to provide transmission security, and Horizon Bank Online Banking utilizes identification technology to verify that the sender and receiver of Online Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the Online Banking system is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Horizon Bank Online Banking, or e-mail transmitted to and from us, will not be monitored or read by others. 

You acknowledge that the Internet lacks inherent security for commercial transactions. Horizon Bank cannot and does not guarantee that downloads from this site will not contain a virus or other destructive device. Additionally, you provide, request, and receive information via the Internet with the knowledge that such information can be intercepted and/or viewed by unknown third parties. 

Fees and Charges - You agree to pay the fees and charges for your use of Horizon Bank Online Banking Services as set forth in the current fee schedule as it may be amended from time to time on 30 days notice to you. You agree that all such fees and charges will be deducted from the Horizon checking account designated by you during enrollment. If you close your designated checking account, you must contact us immediately to designate another checking account for charges. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of Online Banking. 

Posting of Transfers – Horizon will make a reasonable effort to see that transfers initiated through Horizon Bank Online Banking before 9:00 p.m. (Central Daylight Time) on a business day are posted to your account the same day. Transfers completed after 9:00 p.m. (Central Daylight Time) on a business day, Saturday, Sunday, or banking holiday, will be posted on the next business day. Horizon Bank Online Banking identifies transfers based on the login ID of the user who made the electronic transfer. 

Limits on Amounts and Frequency of Horizon Bank Online Banking Transactions - The number of transfers from Horizon accounts and the amounts that may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. 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. External transfer transactions are restricted to a limit established by the Bank. We reserve the right to change from time to time the dollar amount of external transfer transactions you are permitted to make using our service. 

External Transfers - If you have a consumer account and you have selected the external transfer feature, you may originate the electronic transfer of funds into your account at Horizon Bank from an account in your name at a financial institution outside of Horizon Bank. You may originate the electronic transfer of funds from your account at Horizon Bank to an account in your name at a financial institution outside of Horizon Bank (both called “External Transfers”). 

When you originate External Transfers, you authorize Horizon Bank and our service provider to initiate debit and credit entries, upon your instructions, to your Horizon Bank account and your account at the financial institution(s) outside of Horizon Bank that you designate, using the Automated Clearing House (ACH) or other payment transfer method. You agree and warrant to us that you will only originate External Transfers to or from accounts for which you have the authority to transfer funds. By disclosing information to us regarding those accounts to affect your transfers, you are not violating any third-party rights. Not all types of accounts may be eligible for External Transfers, so you should check with the institution for any restrictions on transfers. It may take up to three business days for an External Transfer you initiate to be received into your account. 

To ensure your security, before you add an outside account for External Transfers, you will be required to complete a verification process. 

External Transfers may be originated on a single entry or recurring basis. One-time transfers may be scheduled immediately or scheduled for a future date. A recurring transfer allows you to transfer a set amount at regular intervals. Your authorization for any recurring External Transfers will remain in full force and effect until you revoke it in such a timely manner as to afford Horizon Bank a reasonable opportunity to act on your direction. 

One-time External Transfers cannot be scheduled to occur on a non-business day. Recurring External Transfers scheduled to occur on a non-business day will be processed on the next business day. If the funds are not available on the transfer date, the transaction may not be processed. 

Available Funds Required. We are not obligated but we may, in our discretion, process bill payments and transfers initiated through Horizon Bank Online and Horizon Bank Bill Pay for which there are insufficient Available Funds in the Designated Account or in any related overdraft line of credit to cover the payment or transfer on the scheduled payment date or when funds are attempted to be withdrawn. We will charge you a fee for each transaction attempted for which there are insufficient Available Funds. Such a fee is disclosed in the Fee Schedule. As noted above, we will attempt each transaction up to three (3) times, and each time an attempt is made for which there are insufficient Available Funds, a fee will be charged to you. 

Authorization to Charge Accounts. You authorize us to charge your Designated Account(s) for any transactions initiated through the use of Horizon Bank Online Banking, including the amount of any bill payment or transfer that you make, and any charges for the Service. You authorize us to process bill payments and to transfer funds according to the instructions received from you through Horizon Bank Online Banking. You authorize us to initiate any reversing entry or reversing file and debit your Accounts with us or elsewhere to correct any mistaken credit entry. You understand that if a bill payment or transfer request describes the beneficiary inconsistently by name and account number, execution of the request will occur on the basis of the account number, even if it identifies a person different from the named beneficiary. Further, we and other financial institutions to which a bill payment or transfer request is forwarded may rely on any identification number supplied by you as a means to identify any other financial institution, even if the identification number is different than the financial institution named by you. Your obligation to pay the amount of the bill payment or transfer is not excused in such circumstances. 

Our Rejection of Transactions – We may refuse any transfer or payment instruction without cause or prior notice. 

Disclosure of Account Information and Transfers To Third Parties – We will not disclose information to third parties about your account or the transfers you make unless it is necessary in completing transfers, or in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, in order to comply with government agencies or court orders, or if you give us permission. Also, refer to our Privacy Statement for further classification. 

Periodic Statements – You will not receive a separate Online Banking statement. Transfers to and from your accounts using Horizon Bank Online Banking will appear on your Horizon accounts' respective periodic statements. 

Change in Terms – We may change any term of this Agreement at any time. If the change would result in increased fees for any Horizon Bank Online Banking service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the Horizon Bank Online Banking website or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject Horizon Bank Online Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures. 

Disclaimer of Warranty and Limitation of Liability – We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Horizon Bank Online Banking Services provided to you under this Agreement. We do not and cannot warrant that Horizon Bank Online Banking will operate without errors, or that any or all Horizon Bank Online Banking Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that Horizon, our officers, directors, employees, agents, or affiliates are not liable for any indirect, incidental, special, or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Horizon Bank Online Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Horizon and its affiliates exceed the amounts paid by you for the services provided to you through Horizon Bank Online Banking. 

Your Right to Terminate - You may cancel your Horizon Bank Online Banking Service at any time by providing us with written notice by postal mail or fax. Your access to Horizon Bank Online Banking will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation. 

Our Right to Terminate – The Bank may terminate Online services in whole or in part at any time without prior notice. The Bank reserves the right to limit or suspend your access to Online services at any time without notice. Termination, limitation, or suspension of Online services shall not affect your liability or obligations under this Agreement. 

Applicable Law and Jurisdiction; Interpretation and Modification – This agreement shall be governed by and construed and enforced in all cases by the substantive laws of the State of Indiana notwithstanding the fact that Indiana conflicts of law rules might otherwise require the substantive rules of law of another jurisdiction to apply. The parties hereby consent to the exclusive jurisdiction of any state court situated in La Porte County, Indiana, or Federal court located in the northern district of Indiana, and waive any objection based on forum non convenes with regard to any actions, claims disputes, or proceedings relating to this agreement or any transactions arising therefrom, or enforcement and/or interpretation of any of the foregoing. Nothing herein shall affect Horizon’s rights to serve process in any manner permitted by law, or limits Horizon’s right to bring proceedings against you in the competent courts of any other jurisdiction or jurisdictions. 

Waiver of Jury Trial – The parties hereby jointly and severally waive any and all right to trial by jury in any action or proceeding relating to this agreement, the obligations thereunder, or any transaction arising therefrom or in connection thereto. You represent to Horizon that this waiver is knowingly, willingly, and voluntarily given. 

Attorney Fees – Should any dispute arise between the Parties to this agreement concerning the rights and duties of either party in relation to this Agreement, Horizon shall be entitled to recover (in addition to any other relief that may be granted) a reasonable sum as and for its attorney fees in connection with such dispute. 

Communications between Horizon and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: 

E-mail –You can contact us by e-mail at (Please note that banking transactions through Horizon Bank Online Banking are not made via e-mail.) 

Telephone - You can contact us by telephone at (219) 873-2640 or toll-free at 888-873-2640. 

Fax - You can contact us by Fax at (219) 873-2626. 

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