This service will allow you to view your current and past Account Statements for your eligible accounts on a secure website. As part of the registration process, please read the following Consent and Authorization and indicate your acceptance on the previous page.

Consent and Authorization for Electronic Transmission of Regular Account Statements

In this Consent and Authorization, the words “I,” “me” and “my” refer to each person who electronically “signs,” below. The words “User ID and Password” mean the User ID and Password that I entered to access my Online Banking profile and this Consent and Authorization. The word “Account” means each account held at the Bank under this Online Banking profile, including but not limited to checking, savings, money market and loan accounts.

I understand that by electing to receive account related documents and communications electronically by way of this consent and authorization, I agree to receive through the Internet, as applicable to my Account, periodic account statements, annual privacy notices, legal notices and all other notices relating to my Account (“Electronic Communications”).

I understand that my agreement to receive Electronic Communications from you does not preclude your sending of such communications to me by other means, either in addition to or instead of an Electronic Communication, and that I can discontinue receipt of Electronic Communications in favor of paper communications as noted herein.

Method of Delivery

Electronic Communications may be sent to me by any electronic manner, such as by posting them on the Bank’s website, making them accessible through links provided in other Electronic Communications, such as on my eStatement of Account or elsewhere or by e-mail at the primary e-mail address I have provided to the Bank.

I understand that by agreeing to receive Electronic Communications, I am authorizing the Bank to discontinue sending periodic account statements, annual privacy notices, legal notices and all other notices relating to my Account to me in paper form, and that I will be deemed to have received any Electronic Communication on the earlier of (i) the day that the Bank initiates an email containing or referring to the Electronic Communication to the primary e-mail address I have provided to the Bank, or (ii) the day on which I view the Electronic Communication on the Bank’s website.

In other words, I understand that once I receive an email or other Electronic Communication referring to an Electronic Communication that must be viewed on or printed from the Bank’s website, I will be deemed to have received the Account statement, or privacy, legal or other notice to which the email or other Electronic Communication refers.

I understand that I may obtain printed copies of Electronic Communication by contacting the Bank at the phone numbers or addresses listed on the Contact Us page of the Bank’s website and that service charges and fees may apply, depending on the details of my request. The Bank’s current service charges and fees are described below in Service Charges.

Additional Terms

I am an authorized signer of each Account being accessed through this Internet Banking profile. By logging in with my User ID and Password and clicking the Accept button, which constitutes my “electronic signature” with respect to this Consent and Authorization and to any electronic transaction similarly conducted with respect to my Account shall be legally binding on all owners on the Accounts, each of whom having authorized me to do so.

Any request made pursuant to this Consent and Authorization shall be considered authorized by me on my own behalf and on behalf of all of the other Account owners.

Security

To protect the security of my banking information, I understand that I must not disclose or share my Online Banking user ID or password with any third party. It is my sole responsibility to keep my user ID and password private and confidential. If I forget My Online Banking user ID or password or need to reset my password I must contact the Bank at the phone numbers or addresses listed on the Contact Us page of the Bank’s website.

I understand that Electronic Communications furnished to me pursuant to this Consent and Authorization will remain available to me for a limited time. For example, certain Electronic Communications relating to my deposit accounts may not be available through the Bank’s website for more than one year after they are first posted to the website. If I want a permanent copy of an Electronic Communication, I will print a copy of it or will save it to my own computer file system.

Withdrawal of Consent

My ongoing consent to receive subsequent eStatements is voluntary and may be withdrawn at any time, by notifying the Bank at estatements@beaconbusinessbank.com or by contacting the Bank at the phone numbers or addresses listed on the Contact Us page of the Bank’s website.

I understand that my withdrawal will be effective at the time that the Bank receives and has a reasonable opportunity to act upon it. I understand that it may take one complete statement cycle for this to occur. I also understand that any service charges or fees as described in the Service Charges portion of this agreement will apply.

No warranty for continuous or uninterrupted service

Because of the unpredictability of the internet, the Bank does not guarantee continuous or uninterrupted access to my bank statements through the internet. However, should I be unable to access my statements, I can contact the Bank at the phone numbers or addresses listed on Contact Us page of the Bank’s website and the Bank will take other measures to provide copies of my statements to me.

Service Charges

The Bank may, at its option, either charge for printed documents as described in this agreement or waive certain services charges should I agree to electronic delivery of the documents described in this agreement.

I understand that, in the event that I withdraw my consent to electronic delivery, the Bank is unable to deliver the documents electronically and must deliver physical documents or the Bank no longer provides electronic delivery to me for any other reason, any service charges for printed documents will apply and any service charges waived for electronic delivery will no longer be waived.

The Bank’s current service charges and fees may be reviewed by either:

• Viewing the Personal Service Charges or the Business Services Charges of the Bank’s website or
  
• Contacting the bank for a copy of the current Rate and Fee Schedule at the phone numbers or addresses listed on the Contact Us page of the Bank’s website.
  

System Requirements:

In order to receive and retain the Electronic Communications, I confirm that I have a valid email address and a computer equipped as described below. If my email address changes, I will promptly contact the Bank to update my contact information, and I understand that until I do so, Electronic Communications sent to my former email address will remain effective.

I understand that, should emails sent to the email address provided to the Bank be returned undeliverable, the Bank may reinstate paper documents, as described within this agreement without requesting or obtaining my consent prior to the reinstatement of printed documents. Any service charges or fees as described in the Service Charges portion of this agreement will apply.

Browser and Operating System Requirements

Modem:

A modem or, preferably, a broadband connection is required to connect to the Bank’s website and to receive email.

Printer/Hard Drive:

If I have a printer, I understand that may also print a copy of my Electronic Communications at no additional cost by simply clicking the “Print” button in my browser or for documents viewed in Adobe Acrobat format, using the Adobe print feature. And, I understand that I may use a hard disk or removable disk drive with diskette to retain a copy of all Electronic Communications.

Effect of this Agreement on Other Agreements with the Bank

This Consent and Authorization supplements and modifies the terms and conditions of the Bank’s Deposit Agreement and Disclosure Statement and the Online Banking Agreement and Disclosure which I previously have entered into with the Bank. I understand and agree that if I check the box on the previous page, I will be signifying my agreement to all of the foregoing to the same extent as would have been the case had I done so with a pen on paper.

Limit of liability

I agree that in no event will the Bank or the Bank’s suppliers (or any of the Bank’s or the Bank’s supplier’s shareholders, members, officers, directors or employees) be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with my use of the Bank’s service, even if the Bank has been advised of the possibility that such damage will occur.

Further I agree that neither the Bank nor the Bank’s suppliers (or any of the Bank’s or the Bank’s supplier’s shareholders, members, officers, directors or employees) will be liable for any technical, hardware or software failure of any kind, any interruption in the availability of the Bank’s service, any delay in operation or transmission, any incomplete or garbled transmission, computer virus, loss of data, or other similar loss.

To the extent the Bank may have breached any term of this consent and agreement, I agree that my sole remedy is to discontinue use of this service. I further agree that the Bank’s liability to me in any case (whether in contract or tort) will not exceed amounts paid to the Bank by me within the last 90 days (if any) for this service.

Arbitration

I agree that at any claim or controversy relating to this Consent and Agreement will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

I agree that any claim or controversy I may have will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party.

I agree that the arbitration will be conducted in the city in which the Bank’s main office is located and that judgment on the arbitration award may be enforced by any court having proper jurisdiction.

Governing Law

I agree that this Consent and Agreement is governed by the laws of the State in which the main office of the Bank is located, excluding any application of conflicts of laws rules or principles. I agree that the sole jurisdiction and venue for any litigation arising from my use of the Bank’s service shall be an appropriate federal or state court located in the city in which the Bank’s main office is located.