--SMART TOUCH® ONLINE BANKING DISCLOSURE STATEMENT AND AGREEMENT

Effective Date: November 14, 2008

NOTICE
Effective November 14, 2008, the Smart Touch Online Banking Disclosure Statement and Agreement has been amended to include new Bill Pay features.

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.

    See Section 9 regarding Bill Pay processing and posting times.

  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. By furnishing us with the names of your Payees (Merchants and/or individuals) and their addresses, you give us authorization to follow the Payment instructions, which you provide to us. When we receive a Payment instruction for the current date or a future date, we will remit the funds to the Payee on your behalf from the funds in your designated Account, on the day you have instructed them to be sent ("Payment Date"). We are not obligated to pay funds from your Account if the available Account balance is insufficient to cover the Payment. Funds for ALL bill payments, whether paid electronically or by check, will be withdrawn from your Account no later than three (3) business days following the Payment Date.

    We are not responsible if a Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant, or if you attempt to pay a Merchant that is not on your Merchant Accounts list. You may also make payments to your credit or loan accounts with us by transferring funds directly to these accounts from your checking account.

    Requirements & Restrictions. Bill Pay is intended for use only by individuals and sole proprietors. Other types of legal entities (partnerships, LLCs, corporations) are not permitted to use the Bill Pay Service. We will not permit you to use a money market or savings account as your designated Bill Pay account because Federal regulations require us to limit the number and types of transfers from money market and savings deposit accounts. Requirements for dual signatures on checks do not apply to the Bill Pay Service. We reserve the right to refuse to pay any Payee to whom you may direct a Payment for any reason and without notice.

    Payee Designation. You can use the Bill Pay Service to make payments to almost any Payee or Merchant you want, including individuals, local service providers, utilities, credit cards, or to make mortgage or loan payments, or charitable donations, etc. The Bill Pay Service cannot be used to make payments for the following:

    • Tax payments to the Internal Revenue Service or any state, local or other government agency;

    • Court-ordered payments such as child support or alimony; and

    • Payees located outside of the United States.

    Making/Scheduling Payments. You may use the Bill Payment Service to authorize recurring payments, non-recurring payments and immediate payments. Recurring payments are payments that you schedule in advance to recur at substantially regular intervals in the same amount to the same Payee. Recurring Payments may be scheduled for up to ten (10) years. Non-recurring Payments are a single, one-time Payment to a specified Payee. Non-recurring Payments may be scheduled to be initiated up to eighteen (18) months in advance.

    We limit the amount of each individual Bill Payment transaction to $9,999.99.

    Payments are processed Monday through Friday at 2:00 p.m. (Eastern Time) except on Federal holidays. If you attempt to schedule a Payment on a weekend or Federal holiday, you will be prompted to select a different date, or the Payment will be processed on the preceding business day if it is an auto recurring Payment. The Payment method may be electronic or by check. The first Payment to a Merchant must be scheduled at least five (5) business days prior to the due date for each Payment (recurring or variable) to allow adequate time for the Payment to reach the Payee. The due date is the date the Merchant has designated for payment, and should not be adjusted for any grace period or late date accommodations the Merchant may provide. Once the Service has been notified whether a Merchant accepts electronic payments or requires a paper check, after making the first Payment to that Merchant, the Service will display a message indicating that the Merchant requires either a two (2) day lead time for an electronic payment, or a five (5) day lead time if a paper check sent by regular mail is required.

    Change or Delete Payments / Stop Payments. Any Payment can be changed or cancelled; provided you access the Service prior to 2:00 p.m. (Eastern Time) on the business day the Payment is going to be processed.

    We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to the time the check has cleared. Once the Payment has cleared, you can no longer stop payment.

    Payment Guarantee. If all Payment guidelines were followed and a Payment is still posted late to your Account with a Merchant resulting in a late fee, at our discretion, we will make an attempt to have the Merchant waive the late fees. If the Merchant is unwilling to waive late fees, up to $50 in late fees assessed by the Merchant will be covered by us. However, due to factors beyond our control such as the U.S. Mail and payment processing at the Merchant, it is not guaranteed that a Payment will post on the fifth business day (or second, if issued electronically). It is imperative to note that Merchant grace periods are not taken into consideration, and if adequate lead time prior to the payment due date was not allowed by you in scheduling the Payment, this Guarantee is void.

    NOTE: If the Merchant is not willing to discuss late fees or status of the account with us, you will be notified and advised that the Merchant requires your authorization before further discussions can occur between us and the Merchant.

    Termination. We reserve the right to terminate your use of Bill Payment at any time without prior notice to you. If, for any reason, you should want to terminate your use of our Bill Payment Service, we recommend that you cancel all future Payments and transfers at the same time you terminate the Service, either by deleting the Payments yourself or by contacting the Bank as stipulated below. We will delete all outstanding payments (both one-time and recurring), as part of your Service termination.

    We are not responsible for any fixed Payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any and all Payments made by us on your behalf through the Bill Payment Service.

    Should you opt to discontinue any of the Accounts or Services to which this Agreement pertains, written notice must be provided to us immediately at the following address:
    United Customer Service Center,
    P. O. Box 393, Charleston, WV 25322-9985.

    Agreement Assignment and Amendment. We may assign this Agreement to any affiliate, parent or other company. We may also assign or delegate certain of its rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you whereupon we shall be released from any and all further liability or responsibility related thereto.

    We reserve the right to amend or cancel any of the provisions of this Agreement, including changes to any fees, costs, or assessments. We may amend or cancel any provision or charge by disclosing the change electronically, and, at our option, by sending you notification in addition thereto. We will provide notice of thirty (30) days of any changes (or such lesser period as may be allowed by applicable law) unless an immediate change is necessary to maintain the security of the system. You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing the accounts or services to which these changes relate, at your option. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.

  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. Any fee for Smart Touch Online Banking and Pay Bill are disclosed to you at the time of your account opening. If you have any questions regarding these fees, please call 1.800.327.9862.

  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 online when you sign on to Online Banking. Our Call Center is available from 8:30 a.m. to 5:00 p.m. Monday through Friday 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 1.800.327.9862, or writing to us at United Customer Service Center,
    P.O. Box 393, Charleston, WV 25322-9985. 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 1.800.327.9862, or write to us at United Customer Service Center, P.O. Box 393, Charleston, WV 25322-9985, 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 5:00 p.m. Monday through Friday, excluding holidays 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 1.800.327.9862, or write to us at United Customer Service Center, P.O. Box 393, Charleston, WV 25322-9985, 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:

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

    • 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

    • 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:

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

    • 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;

    • In accordance with your written permission; or

    • 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:

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

    • The funds in your account are unavailable;

    • The funds in your account are subject to legal process;

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

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

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

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

    • 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;

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

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

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

    • 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 State of West Virginia, without regard to conflict of law provisions, and federal law.

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