1. Introduction

First National Bank of Gwinnett’s Internet Banking Service is available to all of our customers to view account information and make internal transfers. The Internet Banking Terms and Agreement is a contract between you and First National Bank of Gwinnett, which governs the conditions for accessing accounts. Through this web site the Internet Banking Terms and Agreement will be referenced to as "Agreement”. After you have carefully read this Agreement, you will be asked to consent to all the terms and conditions of this “Internet Banking, First National Bank of Gwinnett Terms and Agreement” on “The Internet Banking, First National Bank of Gwinnett Application". By accessing of any of your eligible accounts through Internet Banking you further acknowledge your receipt and understanding of this disclosure. We recommend that you print a copy of this Agreement for future reference.

Privacy Statement - First National Bank of Gwinnett understands how important privacy is to our customers. We have taken steps to insure your security and privacy for your personal and financial information with the bank. Our customer privacy statement can be obtained by clicking on the The First National Bank of Gwinnett Privacy Statement link on First National Bank of Gwinnett's web site. (www.fnbgwinnett.com)

Internet Security Information - Internet Banking is part of a network that utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. In-depth information on many of the techniques and features employed by the system can be viewed and are explained in our First National Bank of Gwinnett On-line Security statement. In addition to our login security, we use the SSL (secure socket layer) encryption technology for everything you do in Internet Banking system. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small icon of a padlock at the bottom of the screen from open to lock. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.

You, Your - Refers to the individuals, corporations, partnerships, limited liability companies, and sole proprietorships subscribing to or using First National Bank of Gwinnett's Internet Banking.

We, Us, or Our, The Bank - Refers to First National Bank of Gwinnett and any agent, independent contractor, designee, or assignee the First National Bank of Gwinnett may involve in the provision of Internet Banking.

Business Day - Our Business Days are Monday through Thursday 9:00 a.m. to 4:00 p.m. ,Friday 9:00 a.m. to 5:00 p.m., Saturday 9:00 a.m. to Noon.  Federal holidays are not included. You may use this Service 24 hours a day, seven days a week, except during periods of maintenance.

Business Day Cut-Off -For posting purposes, The Bank will process all transactions completed by 4:00 p.m. on that business date. Internet Banking transactions completed after 4:00 p.m. Eastern Time, USA, including transfers, will be processed on the following Business Day.The bank will process all Bill Pay transactions completed by 1:00 p.m.on that business date. Bill Pay transactions completed after 1:00 p.m. Eastern Time, USA, will be processed on the next business day.

Consumer Accounts - Means a demand deposit or other asset account in the name of an individual held for personal, family, or household purposes. Internet Banking services and each of your accounts are governed by the applicable Disclosures, Rates and Fee Schedules provided by the Bank upon the opening of your account, as each may be modified from time to time. Your initial use of Internet Banking services indicates your agreement to be bound by this agreement and acknowledges your receipt and understanding of this document.

2. Available Services and Limitations

To activate your account on Internet Banking, you must have at least one checking, savings, certificate of deposit, or loan with First National Bank of Gwinnett. Customer may not designate any account that requires more than one signature for withdraws. Customer must be the owner of the account or accounts. BUSINESS ACCOUNTS AND PERSONAL ACCOUNTS CANNOT BE LINKED TOGETHER. Accounts must be in good standing as determined by the Bank. For Bill Pay Service, customer must have a checking account that will be designated as the account from which bill pay transactions will be initiated. Bank will provide instructions on how to use the Services.

Balance Inquiries, Bill Payments, Transfers

You may use Internet Banking to:

. Transfer funds between your accounts on a one-time or recurring basis;

. Obtain Account balances;

. Add a stop payment in accordance with the terms of this Agreement

. Review transaction history;

Other services may be added to Internet Banking and will be communicated to our customers as the additions are made.

Balances in your accounts may differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. 

Administrative Users (Cash Management Customers Only)

The Bank will set up one (1) administrative user on behalf of the customer. The company's Administrator (which is authorized on the "Customer Application for Cash Management" and is setup by the Bank) is solely responsible for the setup and monitoring of each additional authorized representative, which you will give access into internet banking and access to Transfer, ACH, and Wire Transfer privileges and dollar limitations. The Company's Administrator is also responsible for deleting any users no longer permitted to use the Services. The Bank is not liable for users the customer allows to use the Services.

Bill Pay Services

The Bill Pay Service permits a user with a computer connected to the Internet to direct payments from a designated Online Bill Pay Account to third party payees. Customer must apply for Bill Pay Service. The Online Bill Pay Account must be a checking account in good standing. The Bill Pay Service allows bill to be paid from an Online Bill Pay Account to businesses or individuals. All payments made will be deducted from the account designated as the Online Bill Pay Account. Any payments made through the Bill Pay Service must be payable in U.S. dollars to payees located inside the United States. The Bank reserves the right to restrict the types of payees to whom payments may be made using the Service. The Bill Pay Service cannot be used to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments to these payees will be the sole responsibility of the customer if the payments are delayed or improperly processed or credited.

Funds must be available in the Online Bill Pay Account on the scheduled payment date. Customer may choose to schedule payments to recur in the same amount at regular weekly, semi-monthly, or monthly intervals. Payments must be scheduled no less than seven to ten (7-10) business days for the check merchants and three (3) business days for electronic (ACH) payments prior to the payment due date (that is, the due date shown on the invoice or provided in the agreement with the payee, not taking into account any applicable grace period). If the date of a recurring scheduled payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday), funds must be available in the Online Bill Pay Account on the prior business day (e.g. Friday). If sufficient processing time is no allowed, customer will be fully responsible for all late fees, finance charges or other action taken by the payee. If all instructions provided herein are complied with and the payee does not receive payment prior to the due date, the Bank will work with the payee on the customer's behalf to attempt to have any late fees or charges reversed.

The Bank is only responsible for exercising ordinary care for processing payments authorized by the customer in accordance with these terms and conditions. The Bank is not liable for damages incurred doe to events beyond our control. Such events include but are not limited to; sufficient funds are not available in the Online Bill Pay Account on the processing date, delays in mail delivery, changes to the payee's address or account number (unless The Bank has been advised sufficiently in advance), failure of any payee to correctly account for or credit payment in a timely manner.

If the session during which a payment is scheduled ends by 1:00p.m. (EST), the Bank will be considered to have received it on that day. Otherwise, payment will be considered received on the following business day. For all entries made using the Service, the customer agrees that the time recorded by the Online Banking Service will be used as the transaction time in all cases.

Bank will deduct the payment amount from the Online Bill Pay Account for check payments as the items are presented to the Bank by the payee. Electronic payments will be deducted on the business day of the payment effective date. The Bank will attempt to notify customer via phone, e-mail or U.S. Postal Mail if payment is returned electronically for any reason. In all cases, the customer is responsible for either making alternate arrangements for the payment or rescheduling the payment through the Service. If electronic payments are returned for any reason, it is the customers responsibility to modify, change or correct any information on that payee before submitting any future payments. If the Online Bill Pay Account does not have sufficient funds to make a payment as of the date the payment is attempted or scheduled to be made, the Online Bill Pay Service will attempt to process that payment until the funds in the account are sufficient or until the customer modifies or deletes the payment. The Bank shall have no obligation or liability to complete a transfer or payment due to insufficient funds. The Customer may be charged a Special Handling Fee by the Bank if your designated Online Bill Pay Account does not have sufficient funds to make a payment as of the effective date of the transfer or payment.

Limitations on Frequency of Transfers. You may initiate an unlimited number of transfers between your eligible accounts subject to the limitations that apply to the maximum number of automatic or recurring withdrawals from certain accounts.

Limitations on Dollar Amount of Transfers. Each transfer between accounts and the maximum aggregate amount per day is unlimited.

3. Accessing your Accounts and Login Security

Access ID and Password Controls. When you login to the service for the first time, you will use your Access ID and first time login password. You will then be prompted to select a new password that you will thereafter use to gain access to your accounts. Remember, you should carefully select a password that is hard to guess because it is used to access your accounts and you are liable for all transactions made or authorized using your password. First National Bank of Gwinnett is entitled to act on instructions received through Internet Banking under your Access ID password and without inquiring into the identity of the person using that Access ID and password. Therefore, you should treat them as you would any other sensitive personal data. You should not, under any circumstances disclose your Access ID and password by telephone or to anyone claiming to represent First National Bank of Gwinnett. Bank employees do not need and should not ask for your password. First National Bank of Gwinnett will never contact you via e-mail asking for confidential information such as account numbers or passwords please be aware of these internet related schemes. Changing your password can be done at any time, after you are logged in, from the "options" menu. Please contact us if you have any questions regarding your login information at 770-476-7777.

Lockout Security. To help prevent unauthorized access and ensure the security of your accounts, we will end your online session if we have detected no activity for 10 minutes. This is to protect you in case you accidentally leave your computer unattended after you log on. If for any reason you need to reset your account, you may contact any personal banker between 9:00 a.m. and 4:30 p.m., Monday – Friday, and 9:00 a.m. to Noon on Saturday by calling 770-476-7777, or coming in person. If the lockout occurs outside of normal business hours, you may leave a message in the general voice mailbox.

4. Stop Payments

Stop Payment will be processed the same day as long as they are received before 4:00 pm EST. There is a fee that will be automatically assessed to your account. 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. 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 payment on ACH/EFT items cannot be placed online. Please contact your us at 770-476-7777..

Stop Payment Agreement. 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.

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.

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.

Preauthorized Payments. You have the right to stop or change any scheduled payment. You must cancel the payment no later than 4:00 p.m. EST three (3) days prior to the Payment Date by calling a personal banker. We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to processing the payment. Once processing of the payment has begun, you can no longer stop payment.

5. General

Fees for Internet Banking. You agree to pay the fees and charges for your use of Internet Banking as set forth in the current fee schedule. 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 Internet Banking.

Notice of Your Liability (Applicable to Consumer Accounts Only). Tell us AT ONCE if you believe your Access ID and Password have 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 believe your Access ID and 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 if someone used your Access ID and 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 Access ID and Password, and we can prove we could have stopped someone from using your Access ID and Password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 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 reserve the right to make the decision to extend the time periods.

Statements. You will not receive a separate Internet Banking statement. Transfers to and from your accounts using Internet Banking will appear on the respective periodic paper statements for your First National Bank of Gwinnett accounts.

Contact in the Event of Unauthorized Transfer. If you believe your Access ID and Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call a personal banker immediately.

Bank Liability (Applicable to Consumer Accounts Only). If we do not 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:

1. If, through no fault of ours, you do not have enough money in your account to make the transfer or payment.

2. If the transfer or payment would cause the account to become overdrawn beyond the balance of account plus any overdraft protection.

3. If your account is closed or if it has been frozen.

4. If a hold has been placed on your account for uncollected funds.

5. If any electronic terminal, telecommunication device or any part of the electronic funds transfer system is not working properly.

6. If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount of the payee on a bill payment.

7. There are any delays in the handling of the payment by the payees.

8. Circumstances beyond our control prevent the proper completion of the transaction, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, fire, flood, tornado, delay in the U.S. Mail or other uncontrollable circumstances such as power failure, the disconnecting or quality of your telephone line.

9. Funds in your account are subject to legal process or other restrictions prohibiting the transfer.

10. If you, or anyone you allow, commits fraud or violates any law or regulation.

11. It can be shown that the merchant or payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of The First National Bank of Gwinnett Internet Banking or our service providers.

12. Other applicable laws and/or regulations exempt us from liability.

Error Resolution Notice. In Case of Errors or Questions About Your Electronic Transfers:

. Telephone a Personal Banker at 770-476-7777 or

. Write to us at:

First National Bank of Gwinnett 2734 Meadow Church Road Duluth, GA 30097

Contact First National Bank of Gwinnett as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

1. Tell us your name and account number (if any).

2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

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

4. If the problem involves a bill payment, tell us the checking account number used for payment, the payees name, date for which the payment was scheduled, payment amount, and any applicable payee account number or reference number.

If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within ten (10) 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 10 business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

For error involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Documentation

Periodic statements. You will get a monthly account statement from us for your checking accounts. The payee name, payment amount, and transaction date will be reflected for each payment made through the Service.

Preauthorized Payments. Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop or change any of these payments.

Here's how:

Use your personal computer to access Internet Banking and alter both the payment amount and the payment date at any time prior to 4:00 p.m. You may also delete any single payment or recurring payment at any time prior to 4:00 p.m.

 

Or:

 

Call us at 770-476-7777 located at First National Bank of Gwinnett, 2734 Meadow Church Road- Duluth, GA 30097 in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may require you to put your request in writing and send it to us within fourteen (14) days after you call.

Liability for Failure to Stop Payment (Applicable to Consumer Accounts Only). If you order us to stop one of these regular payments three (3) Business Days or more before the Payment Date, and we do not do so, we will be liable for your losses or damages.

Confidentiality. Information about your account(s) or the transaction(s) you make may be shared if:

1. It is necessary to verify the existence and condition of your account to a third party such as a credit bureau or merchant.

2. It is necessary to comply with a governmental agency or court order.

3. You give us permission, which we may require to be in writing.

4. It is necessary to collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic funds transfer service.

5. It involves a claim by or against us concerning a deposit to or a withdrawal from your account.

6. We are required or permitted to do so under state or federal laws and/or regulations.

For additional information on our sharing practices, please refer to our Privacy Statement by clicking on First National Bank of Gwinnett's Privacy Statement link on First National Bank of Gwinnett web site www.fnbgwinnett.com

Termination. You may terminate your use of Internet Banking at any time by calling any personal banker or, by visiting our location, or writing to us at First National Bank of Gwinnett, 2734 Meadow Church Rd, Duluth, GA 30097. You must notify us within ten (10) days prior to the date you wish to have your Service terminated. We may require you to put your request in writing. If you have a scheduled payment within this ten (10) day period, you are required to cancel those payments according to the instructions in the section titled "Preauthorized Payments". You will be responsible for payments with transaction dates during the ten (10) days following our receipt of your written notice of termination if you do not cancel those payments. We will notify you with confirmation of your termination. We may terminate your access to Internet Banking (including the Bill Pay Service), in whole or in part, at any time without notice, if you do not comply with the terms of this Agreement, or the agreements governing your Accounts, or if we believe that you have handled your Account(s) in a fraudulent manner. We may also terminate your access to Internet Banking for any other reason by giving you twenty (20) days notice. Termination will not affect your liability under this Agreement for transactions that we have processed on your behalf.

Limitations on Bank Liability. We will not be responsible for the following incidents, errors or failures:

. Access. We will not be responsible for failure to provide access or for interruptions in access to Internet Banking 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 errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment used with Internet Banking. We are not responsible for any error, damages or other losses you may suffer due to the malfunction or misapplications of any system you use, including your browser (Microsoft Explorer® , Netscape Navigator® , or otherwise), you 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 Internet Banking.

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

New Services. First National Bank of Gwinnett may, from time to time, introduce new Online Banking services. We shall update this On-line Access Agreement to notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the terms contained in this Internet Banking Agreement.

Virus Protection. First National Bank of Gwinnett is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their personal computer and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

Geographic Restrictions. Internet Banking described in this Agreement and available on our Website are solely offered to citizens and residents of the United States of America currently residing in the United States. Citizens and residents outside the United States may not be able to access the Internet Banking.

Governing Law. This agreement and the account or service you are accessing via The First National Bank of Gwinnett will be governed by and interpreted in accordance with the laws of the State of Georgia.

Assignment. This agreement may not be assigned to any other party by you. We may assign or delegate, in part or whole, to any third party.

Amendments. Terms and conditions of this agreement may be amended in whole or part at any time within 30 days written notification prior to the change taking effect. If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. Amendments or changes to term(s) or condition(s) may be made without prior notice if they do not result in higher fees, more restrictive service use, or increased liability to you.

Entire Agreement. This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this agreement shall supersede.

Ownership of Website. The content, information and offerings on our website are owned by First National Bank of Gwinnett, and the unauthorized use, reproduction, linking or distribution of any portions are strictly prohibited.

Scope of Agreement. This Agreement represents our complete agreement with you relating to our provision of Internet Banking. No other statement, oral or written, including language contained in our website, unless otherwise noted, is a part of this agreement.

Acceptance of Agreement. Your signature on "Internet Banking , First National Bank of Gwinnett Online Banking Application" constitutes your acceptance and agreement to be bound by all of the terms and conditions of this agreement and acknowledges your receipt and understand

Exhibit A - Fees and Charges