New User New Account Opening And Funding Service Agreement

When you click the "I Agree" button, you will complete an application (the "Application") to open a deposit account (the "New Account") with Sutton Bank, and to fund that account either by submission of a check deposit or by electronic transfer of funds from a deposit account you designate (the "Funding Account") that you maintain at another financial institution ("the New User New Account Opening and Funding Service" or the "Service"), and you will agree to all of the terms and conditions of this Agreement (the "Terms"). Your application may be accepted or declined by Sutton Bank based on specific criteria. If you do not agree to all of the Terms, you will not be entitled to open your Sutton Bank account on-line.

Sutton Bank utilizes the services of Digital Insight and Digital Insight's processing agent CashEdge, to effect the Service. Any reference to Digital Insight or to CashEdge in this Agreement includes their respective affiliates.

As used in this Agreement, the words "you" or "your" refer to you as the user of the Service; the words "we," "us," or "our" and any other variation refer to Sutton Bank, Digital Insight and CashEdge; and the word "Accounts" refers to the New Account and the Funding Account, individually and collectively.

You may only use the Service to fund a type of New Account that Sutton Bank permits to be opened using the Service. Sutton Bank may restrict use of the Service to establish certain types of accounts, and may at its sole discretion and without notice from time to time change the types of accounts which it permits you to open using the Service.

The Service involves the initial account deposit in the form of a check or a one-time electronic transfer of funds to your New Account with Sutton Bank if your Application is approved. If you wish to establish provision for future electronic funds transfers to/from the New Account after its establishment, you will be required to enter into a separate Funds Transfer Agreement with CashEdge after establishing the New Account. Any electronic funds transfer to fund the New Account is subject to the rules and regulations governing the Funding Account. If you choose to complete an electronic transfer, you agree not to effect a transfer from the Funding Account this is not allowed under the rules and regulations applicable to the Funding Account.

You authorize us to verify your identity and deposit account history by obtaining information from one or more consumer reporting agencies, and such additional information from other sources as we deem reasonably necessary to insure that you are not using the Service in violation of law. Sutton Bank, acting directly or through Digital Insight and/or CashEdge, reserves the right to deny your Application based upon review of your deposit history and/or consumer report information, or any other information Sutton Bank deems relevant.

You agree that CashEdge may, and authorize CashEdge to, use, copy, modify, display and distribute any information, data, materials or other content that you or provide to CashEdge for the purpose of providing the New User New Account Opening and Funding Service, and you hereby give CashEdge a license to do so.

You authorize and permit Digital Insight and CashEdge and their respective affiliates to use information submitted to and by them to perform the New User New Account Opening and Funding Service and to configure the service to be compatible with the Accounts.

You appoint CashEdge as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Accounts, effect the funds transfer from the Funding Account to the New Account as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting such fund transfer, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to the Accounts, as fully to all intents and purposes as you might or could in person.

You understand that in order to effect the Service it is necessary for Digital Insight and CashEdge, and their respective affiliates, to access the websites and databases of Sutton Bank and the financial institution at which you maintain the Funding Account, to retrieve information and effect the funds transfer. You warrant and represent to Sutton Bank, Digital Insight and CashEdge, and their respective affiliates, that you have the right to authorize and permit us to access the Accounts for any purpose authorized by this Agreement.

You warrant and represent to each of us that all information you provide to us, or any of us, in connection with the Application and this Agreement is and will be true, correct and complete in all respects, and that by disclosing and authorizing us to use such information you are not violating the rights of any third party.

You agree to indemnify, defend and hold harmless each of us from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the New User New Account Opening and Funding Service, our or any of our reliance on the information, instruction, license or other authorization provided by you in connection with the Application or the Service, your violation of the Terms or your infringement of any intellectual property or other right of any person or entity.

Electronic Communications

The New User New Account Opening and Funding Service is an electronic, Internet based service. Therefore, you understand and agree that this Agreement will be entered into electronically and that the following categories of information ("Communications") may be provided by electronic means:

This Agreement and any amendments, modifications or supplements to it.
The Account Agreement applicable to your New Account
Your records of the funds transfer and other transactions through the Service.
Any disclosures or notices provide in connection with the Service or the New Account, including without limitation any applicable Truth in Savings disclosure and any other disclosures or notices required by federal or state law.
Any customer service communications, including without limitation communications with respect to claims or error or unauthorized use of the Service.
Any other communication related to the Service.

Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing". You should print a paper copy of this Agreement and any Communication that is important to you and retain the copy of your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Service.

You may withdraw your consent to have Communications provided in electronic form at any time by notifying us in writing and submitting your request to us at: Sutton Bank, ATTN: Retail Operations, P.O. Box 505, Attica, OH 44807, but doing so will result in immediate suspension of your right to use the Service and any pending transactions to establish and fund the New Account will be terminated and your Application rejected.

Communications may be posted on the pages of the Service website or other website disclosed to you and/or delivered to the e-mail address you provide. Any electronic Communication sent by e-mail will be deemed to have been received by you when we or any of us sends it to you, whether or not you received the email.

Hardware and Software Requirements

To access and retain this Agreement and the Communications you are agreeing to receive electronically, you must have an e-mail account and e-mail software capable of reading and responding to email, a computer with Internet access, and installed Internet browser software that supports 128-bit encryption, and sufficient electronic storage capacity on your computer's hard drive or other data storage unit. Supported browsers include Netscape Navigator ® 4.75 or higher, Microsoft Internet Explorer ® 5.0 or higher, America Online 6, 7, or 8. You must also have a compatible printer capable of printing from your browser and e-mail software connected to your computer if you wish to print copies of such documents and Communications.

You acknowledge that you possess the hardware, software and telecommunications connections necessary to receive, review and retain this Agreement and all Communications.

Disclosures

You acknowledge that prior to full completion of your application, you will have received, and that you will in fact read, the following disclosures from Sutton Bank: