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Online Banking Service Agreement
Consumer and Business Accounts

TABLE OF CONTENTS

  1. ONLINE BANKING ELECTRONIC CONSENT FORM FOR CONSUMER
  2. INTRODUCTION
  3. ACCESSING YOUR ELIGIBLE ACCOUNTS
  4. TERMS AND CONDITIONS
    1. GENERAL ONLINE SERVICES TERMS AND CONDITIONS FOR ALL CUSTOMERS
    2. ADDITIONAL ONLINE SERVICES TERMS AND DISCLOSURES FOR CONSUMER ACCOUNTS
    3. TERMS AND CONDITIONS FOR TRANSFER FUNDS SERVICE
    4. ONLINE BILL PAY SERVICE
    5. E-BILLS/BILL DELIVERY AND PRESENTMENT
    6. PAYMENTS THROUGH BILL PAYMENT PLUS
    7. INFORMATION REVIEW AND IMAGES
    8. ONLINE STATEMENTS
    9. EXTERNAL TRANSFERS
    10. EXTERNAL TRANSFER PAYMENTS
    11. ALERTS
    12. ACCOUNT DELEGATION
    13. PNC Bank Credit Cards
    14. PNC Wealth Management Customers
    15. PNC Mobile Banking
    16. Online Payroll Service
    17. Bill Pay Quick Switch Service
    18. Overdraft Protection Agreement

  5. HOW TO CONTACT US
  1. ONLINE BANKING ELECTRONIC CONSENT FORM FOR CONSUMERS
  2. IMPORTANT INFORMATION WILL BE FURNISHED TO YOU ELECTRONICALLY.

    1. READ THIS NOTICE CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.

      You have requested to use our Online Banking Service. So that we may provide you with the service, you agree that we shall electronically provide to you disclosures related to the Online Banking Service. You must have the ability to print or download the information. You do not have the option to receive these disclosures only in a paper format and not electronically. Certain disclosures, including changes in terms, fee changes and additions of other services, related to the Online Banking services will be provided to you electronically.

    2. DISCLOSURES AVAILABLE ELECTRONICALLY

      By submitting this consent form, you may receive one or more of the following disclosures electronically:

      1. Online Banking Services Agreement
      2. Account agreements, schedule of service charges and fees, account disclosures and statements
      3. Consumer Information Privacy Principles
      4. Change in Terms Notices concerning and amendments to the Online Banking Services Agreement
      5. The Online Banking Services Termination Notice

    3. WITHDRAWAL OF THIS CONSENT

      You may withdraw this consent at any time after submission by sending us an e-mail at Service1@pnc.com or calling us at:
      1-800-762-2035
      Monday - Friday: 7 a.m. - 10 p.m. ET
      Saturday & Sunday: 8 a.m. - 5 p.m. ET.
      If you withdraw your consent to obtain electronic disclosures for the Online Banking Service, your access to Online Banking will be terminated immediately.

    4. UPDATING ELECTRONIC INFORMATION

      To update your electronic address you may contact us at 1-888-PNC-BANK or send us an e-mail at Service1@pnc.com. To receive the requested disclosures electronically, you will need:

      1. Microsoft Internet Explorer 8 or higher
        Safari 5 or higher
        Chrome 23 or higher
        Firefox 17 or higher

        For more information, please view the PNC Online Banking Browser Requirements page.
      2. Access to a printer or the ability to download information (which will require sufficient hard-drive space) in order to keep copies for your records.

      NOTE: If you consent to disclosures being provided to you electronically, but still desire a copy of the disclosures to be provided to you in a paper form please send your request via e-mail at Service1@pnc.com or contact us at 1-800-762-2035.

  3. INTRODUCTION
    1. This Agreement between you and PNC Bank, N.A (PNC) governs the use of PNC's Online Banking Services. These services permit PNC customers (consumers, sole proprietors and a limited number of other business customers) to perform a number of banking functions on accounts linked to the service through the use of a personal computer. For Consumers, this includes some investment accounts with our affiliate, PNC Investments. This Agreement, along with our Consumer Schedule of Service Charges and Fees or, for business accounts, our Business Checking Accounts and Related Charges (collectively, the "Agreement"), explains the terms and conditions governing PNC's Online Banking Services. This Agreement does not apply to access to your PNC accounts through Quicken® or Quickbooks®, which access is governed by a separate agreement. Please read this Agreement carefully and note that different provisions will apply based on whether you are using our Online Services to access personal or business accounts. Also, different fees will apply based on whether you enrolled in Online Banking Services as a consumer or as a business customer. By enrolling electronically or otherwise, and by using any of the Online Services, you agree to be bound by the terms and conditions of this Agreement. This Agreement also contains important information regarding what you should do if you believe that an unauthorized person has gained access to your accounts or an error has occurred. Keep this Agreement for future reference. Except as stated below this Agreement is governed by the laws and regulations of the Commonwealth of Pennsylvania and the United States, as amended from time to time. When you use any of the Online Banking services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the Agreement that apply to you (depending whether you are accessing the Services as a consumer or as a business customer).
      1. Online Banking for Consumers and Businesses:
        1. To use Online Banking you must have:
          1. An Internet access device with service through an Internet service provider.
          2. An Online User ID and PIN or password.
          3. A computer equipped with a modem.
        2. You may use Online Banking to:
          1. Transfer funds between your linked PNC accounts on either a one-time or recurring basis, including as a payment to a linked eligible loan.
          2. View current balance information for your linked PNC Bank accounts.
          3. Review available transactions for your linked accounts.
          4. Perform self-service account maintenance such as re-ordering checks, ordering copies of paid checks, requesting copies of monthly checking or saving statements, stopping payment on checks, changing address and phone, and changing your Online Banking User ID and password.
          5. Send us secure online mail messages and questions regarding your Online Banking service.
          6. View online images of certain checks and items drawn off your linked accounts.
          7. Make one-time or recurring payments online from your linked checking account(s), and money market deposit account(s) to companies or individuals (Billers) you select.
          8. Use the e-Bills feature to: Receive bills from participating Billers.
            View Biller bill summary and bill detail information.
          Some of the above services may not be available for certain accounts or customers.
        3. For Business Customers, the individual who executes/accepts this Agreement represents and warrants that he/she is acting with full authority for the applying entity, and that they are duly authorized to execute/accept this Agreement on behalf of the applying entity.

      2. Each of your deposit accounts at PNC Bank are also governed by an applicable Account Agreement for Checking and Savings, Schedule of Service Charges and Fees or Business Checking Accounts and Related Charges and other applicable account documentation, and lines of credit are governed by the applicable line of credit agreement (collectively, your "Account Disclosures"). To the extent applicable, the Account Disclosures also apply to any electronic fund transfers made to or from your accounts by use of any of the Online Banking Services. This Agreement will control, however, in the event of any conflict between the Account Disclosures and this Agreement.
      3. Throughout this Agreement, the following terms will have the meanings set forth below:
        1. "Access" refers to the ability to obtain account information, electronic messages, transfer funds between accounts, or pay bills, receive bills, reorder checks, etc., or any other service offered online by PNC, as described further in this Agreement.
        2. "Account Agreement" means the various agreements and disclosures that govern your account(s) at PNC. Such agreements include, but are not limited to: for Consumers the Account Agreement for Personal Checking and Savings Account; Consumer Electronic Funds Transfer Disclosure Statement; Consumer Schedule of Service Charges and Fees; and the Consumer Information Privacy Principles; and/or any applicable home equity line of credit agreement. For Businesses the Account Agreement for your Business Account; Account Information: Business Checking Accounts and Related Charges and/or any applicable line of credit agreement.
        3. "ATM" will mean automated teller machine or banking machine.
        4. "Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills.
        5. "Bill Payment Account" is the designated checking account(s) from which bill payments will be made.
        6. "Bill Payment Plus" means PNC Bank's telephone bill payment service which allows you to pay bills by giving the Bank instructions over a touch-tone telephone. (As of July 26, 2002, customers may no longer enroll in Bill Payment Plus. It is only available to those accounts enrolled prior to July 26, 2002)
        7. "Billing Account" means the account(s) you have designated to be charged for any and all fees and charges associated with the Online Services.
        8. "Business account" means an account that is used for other than personal, family or household purposes.
        9. "Business customer" means the legal owner of a business account.
        10. "Business days" means Monday through Friday, excluding Saturday, Sunday and banking holidays set forth under the laws of the United States.
        11. "Consumer" means the owner of a personal account.
        12. "Designated Account" means your designated checking account, debit or credit card, from which payments will be made.
        13. "Due Date" is the date reflected on your Biller statement for which the payment is due. It is not the late date or grace period.
        14. "Eligible Accounts" are those types of PNC accounts referred to in the User Guide, which may be accessed for Online Banking Services. Eligibility is based on account type and your customer to account relationship.
        15. "Estimated Arrival Date" is the day you would like your Biller to receive your bill payment. An Estimated Arrival Date that falls on a non-Business Day will be modified to be scheduled for the previous Business Day.
        16. "ET" means Eastern Time. "CT" means Central Time.
        17. "Individual Payment Limit" is a dollar amount that the Service may impose on any individual payment you attempt to schedule.
        18. "Online Banking" means PNC Bank's online banking service which allows you to access transaction information on Eligible Accounts.
        19. "Online Bill Pay" means PNC Bank's Online Bill Pay service which allows you to perform payments to third parties from your Designated Account.
        20. "Online Banking Services" means collectively Online Banking, Online Bill Pay, and Bill Payment Plus and other computer or telephone banking services which PNC Bank may make available from time to time.
        21. "Password" means the confidential password or other confidential code assigned to you by PNC Bank or selected by you for identification purposes in connection with the use of Online Banking Services.
        22. "Payee" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills.
        23. "Payment Instruction" is the information provided by you to Web Bill Payment for a bill payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, Payee Amount, and Estimated Arrival Date).
        24. "Personal account" means an account that is maintained for personal, family or household purposes.
        25. "Photocopy request" means an on-line request to have the Bank provide a copy of a deposit ticket, deposited check, cleared check or account statement.
        26. "Recurring payment" means a payment scheduled to be carried out on successive future dates without further instruction from a customer.
        27. "Scheduled Payment" is a payment that has been scheduled through Web Bill Payment but has not begun processing.
        28. "Scheduled Transfer" is a transfer that has been scheduled through the Service but has not begun processing.
        29. "Scheduled Transfer Date" is defined as follows:
          Account Type Scheduled Transfer Date
          All credit card accounts (whether originally opened with National City Bank, PNC Bank, National Association or an affiliate of either bank)

          Scheduled Transfer Date is the day you want your Transfer Account debited including weekends and holidays.

          Only same-day transfers are supported (no future-dated or recurring transfers)

          All lines of credit accounts originally opened with National City Bank or a National City Bank branded affiliate, except Cash Reserve and Ready Reserve products including:
          • Signature Line of Credit
          • Small Business Line of Credit
          • Home Equity Line of Credit
          For all other accounts Scheduled Transfer Date is the day you want your Transfer Account debited, unless the requested date for a future dated transfer falls on a non-Business Day, then the Scheduled Transfer Date will be the Business Day prior to the requested date
        30. "Service," "Transfer Service," or "Transfer Funds Service" means the Online Banking Transfer Funds Service or Online Bill Pay Service or External Transfer Service offered by PNC Bank as indicated in their respective sections of this agreement.
        31. "Stop payment order request" means that the Bank will accept online instructions to stop payment on a check or an ACH debit that the Customer anticipates will be presented against its Consumer or Business Account.
        32. "Super User" means you or the person you designated as the authorized person to access services when you enrolled in Online Banking.
        33. "Sub User" means an individual who has been granted access to Online Banking by the Super User.
        34. "Transaction" means any electronic banking transaction, including a deposit, withdrawal or bill payment initiated electronically.
        35. "Transfer" means any banking transaction, including deposits or withdrawals, that is initiated through an electronic terminal, telephone, computer, electronic check conversion, or magnetic tape for the purpose of ordering, instructing, or authorizing a debit or credit to your consumer or business account.
        36. "Transfer Account" is the designated account(s) from which transfers will be debited. Eligible accounts for the Transfer Service will be designated in the User Guide.
        37. "Transfer Instruction" is the information provided by you to the Service for a transfer to be made (such as, but not limited to, account number, and Scheduled Transfer Date).
        38. "PNC," "Bank," "we" "us" refers to either PNC Bank National Association; depending on the holder of your Designated Accounts.
        39. "User Guide" is the file found within Online Banking that provides information and guidance concerning the Online Banking Service.
        40. "You," "your" and "yours" refer to each consumer or business customer who has enrolled in PNC's Online Banking Services.
  4. ACCESSING YOUR ELIGIBLE ACCOUNTS
  5. You can access your eligible accounts through the Online Banking Service or Bill Payment Plus. Eligible account types may change from time to time. Eligibility is based on account type and your customer to account relationship. By enrolling in Online Services you will be given access to all PNC Bank accounts of which you are an owner (including joint accounts) and which are considered Eligible Accounts, unless the account you wish to access is an account that requires two (2) or more signatures. Accounts requiring two signatures are not accessible through the online banking services. A listing of Eligible Accounts can be found in the User Guide.

  6. TERMS AND CONDITIONS
    1. GENERAL ONLINE SERVICES TERMS AND CONDITIONS FOR ALL CUSTOMERS
    2. This Section A applies to customers accessing either personal or business accounts.

      1. Fees

        Any fees that you will be charged for accessing Eligible Accounts through the Online Banking Service will be based on whether you have enrolled in Online Banking Services as a consumer or as a business customer regardless of whether you are accessing personal or business accounts. Fees for consumers are disclosed in our Consumer Schedule of Service Charges and Fees, while fees for business customers are disclosed in our Business Schedule of Service Charges and Fees. You agree to pay promptly all fees and charges for the Online Banking Services and authorize us to charge the Billing Account or, if there are insufficient funds in the Billing Account, any other PNC Bank account for the fees. You agree to be responsible for telephone charges to the extent that any may be incurred through use of our Online Banking Services. If you close the Billing Account, you must notify us immediately and identify a new Billing Account. Failure to notify us may result in the termination of Online Banking Services, and you agree that we may charge any account you have with PNC Bank for the amount of any outstanding charges you owe. Additionally, if you close all PNC Bank accounts, you must notify us immediately to cancel all the Online Banking Services for which you have enrolled. If you fail to notify us, you will continue to be responsible for any service charges that apply.

      2. Use of Electronic Mail (e-mail)

        Sending a secure e-mail through the Online Banking Services is a way to communicate with the Bank, as required elsewhere in this Agreement. However, there may be times when you need to speak with someone immediately (especially to report a lost or stolen Password, or to stop a payment). In these cases, do not use e-mail. Customers must call us at 1-800-762-2035. Also, it is important to remember that you cannot use e-mail through the Online Banking Service to either transfer funds between accounts or to conduct transactions, such as paying bills.

        No PNC employee or agent will contact you via e-mail or phone requesting your Online Banking PIN/Password/User ID or any account information. If you are contacted by anyone requesting this information, please contact us immediately at 1-888-PNC-BANK.

      3. Addition of New Services

        PNC Bank may, from time to time, introduce new online services. We may notify you of the existence of these new services when they become available and, if you choose to make use of any new service, you agree to be bound by any terms and conditions regarding the new services that we may send to you.

      4. Cancellation and Reinstatement of Online Banking Services

        If you wish to cancel any of the Online Banking Services, you may call us, or send us cancellation instructions in writing to PNC Bank, National Association, Online Banking Services, P7-PFSC-04-J, P.O. Box 600, Pittsburgh, PA 15230-9430. If you choose to call us, then please contact us at 1-800-762-2035 . In order to reinstate your Online Banking Services, you must call us at the appropriate number as referenced above.

        Any Bill Payment(s) already processed before the requested cancellation date will be completed by Online Banking. All Scheduled Payments after the requested cancellation date, including recurring payments, will not be processed once Online Banking is cancelled. We may terminate or suspend the Service to you at any time and for any reason. We may terminate the Service to you if you engage in unauthorized transactions or gain unauthorized access to information concerning another individual. We also reserve the right to terminate the Service in the event your service is inactive for a period of 150 days. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

      5. Transfers and Payments

        We may from time to time, limit the number of, the type, and dollar amounts of any checks, drafts, withdrawals, or transfers made by use of our Online Banking Services, notwithstanding the amount in your accounts. Limits on the number of transactions that may be perform on your PNC Bank savings or money market accounts are described in the applicable Account Agreement for such 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 is removed. We may, at our discretion, allow your transfers to be paid and create an overdraft on the account. You agree to immediately reimburse us for the amount of the overdraft, and to pay any overdraft charges that may apply to your account, as set forth in your Account Agreement and Disclosures. You authorize PNC to withdraw, debit or charge the necessary funds from your designated PNC account on the date on which you schedule any payment to begin processing or submit a transfer request. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your account(s) at the time of the withdrawal. It is necessary that collected funds be in your account no later than the business day before your Estimated Payment Date, Estimated Arrival Date or your Scheduled Transfer Date due to the electronic processing of payments.

        You authorize PNC to withdraw, debit or charge the necessary funds from your designated PNC account on the date on which you schedule any payment to begin processing or submit a transfer request. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your account(s) at the time of the withdrawal. It is necessary that collected funds be in your account no later than the business day before your Estimated Payment Date, Estimated Arrival Date or your Scheduled Transfer Date due to the electronic processing of payments.

      6. Communications from PNC Bank

        We will only send information concerning Online Banking Services to the street address and email address you have designated to us (either in your enrollment or previously in other financial arrangements with PNC Bank) as your primary address. This is done as a security procedure to help ensure the confidentiality of your Online Banking relationship. As a part of the Online Banking Service, you consent to receive all legally required notifications via electronic means. We will provide all future electronic notices by posting them on the Online Banking Sign-on page for a period of at least thirty (30) days. However, if an emergency occurs or if a change is necessary to maintain or restore the security of an account or the Online Banking system we will provide any required change in terms notice as soon as possible if we are not able to provide it to you at least thirty (30) days in advance. You may download or print the notices from your computer. At your request, we will provide you with a paper copy of any of the above documents or notices without any fee. You may obtain paper copies by contacting us at 1-800-762-2035. You may withdraw your consent to receiving future notices in electronic form, but if you do, we will immediately terminate your participation in the Online Banking Service.

      7. Recording of Information and Disclosure to Third Parties

        The information and e-mail messages you enter through Online Service may be recorded. We may disclose information about your Eligible Accounts, or the transfers, transactions or payments you perform, to third parties and you hereby authorize those third parties to disclose similar information to us:

        1. where it is necessary for completing transfers or transactions; or
        2. in order to verify the existence and condition of your account for a third party such as, for example, a credit bureau, a merchant or another financial institution; or
        3. where required by a federal, state, or local law or regulation to do so;
        4. in response to a subpoena or are ordered by a court to do so;
        5. in the investigation or prosecution of alleged fraudulent activity concerning your accounts;
        6. if you give us your permission; or
        7. as may be otherwise authorized in other agreements with us and, for Consumers, as set forth in The PNC Financial Services Group, Inc. Consumer Information Privacy Principles.
      8. Password and Security/Your Liability for Unauthorized Transactions/Errors and Questions

        You agree not to give or make available your PIN/Password/User ID or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Online Banking Services. If you permit other persons to use Online Banking Services or your PIN/Password/User ID or other means to access your account, you are responsible for any transactions they authorize. If you believe that your PIN/Password/User ID or other means to access your account has been lost or stolen or that someone may attempt to use Online Banking Services without your consent or has transferred money without your permission, you must notify us at once by contacting us at 1-888-PNC-BANK.

        For Consumers Only: For more information on your rights and obligations concerning unauthorized or erroneous Transactions, please refer to PNC's Consumer Electronic Funds Transfer Disclosure Statement ("EFT Statement"), which is an Account Disclosure, provided to you when you opened your deposit account. If you need another EFT Statement, contact us at 1-888-PNC-BANK, or e-mail us at Service1@pnc.com.

      9. Alterations, Amendments and Termination

        This Agreement, the User Guide or any applicable fees and service charges may be changed, altered or amended by PNC Bank at any time and from time to time. In such event, PNC Bank shall provide notice to you. Any use of the Online Banking Service after the effective date of any change in terms will constitute your agreement to such change(s). Further, PNC Bank may, from time to time, revise or update the applications, services, and/or related material.

        PNC Bank reserves the right to terminate this Agreement. We may terminate this Agreement immediately if you misuse any Online Banking Service, or if you withdraw your consent to receiving future notices in electronic form we will immediately terminate your participation in the Online Banking Service.

      10. Address or Banking Changes

        It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made within Online Banking or by contacting us at 1-888-PNC-BANK. PNC Bank is not responsible for any payment processing errors or fees incurred if you do not provide accurate Bill Payment Account or contact information. The Consumer Online Banking and Bill Pay Guarantee as it applies to any late payment related charges is void when the error or fees incurred are a result of incorrect information that you have provided to the Online Banking Service.

      11. Disputes

        In the event of a dispute regarding Online Banking, you and PNC agree to resolve the dispute by looking to this Agreement. You agree that this Agreement and your Account Agreement are the complete and exclusive statement of the agreement between you and PNC Bank which supersedes any proposal or prior agreement, oral or written, and any other communications between you and PNC Bank relating to the subject matter of this Agreement. If there is a conflict between what an employee of PNC says and the terms of this Agreement, the terms of this Agreement will prevail.

        Business Customers Only:

        Only Super Users may file disputes using Online Banking. Sub Users are neither authorized nor enabled to file disputes using Online Banking.

      12. Assignment

        You may not assign this Agreement to any other party. PNC Bank may assign this Agreement to our parent corporation or to any now-existing or future direct or indirect subsidiary of our parent corporation. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

      13. No Waiver

        PNC Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by PNC Bank. No delay or omission on the part of PNC Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

      14. Captions

        The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

      15. Governing Law

        This Agreement shall be governed by and construed in accordance with the laws of the state in which the branch office where you opened your account is located. If you opened your account by mail, telephone or electronically through our Internet website, and we have a branch office in your state of residence, this Agreement is governed by the laws of that state. If we do not have a branch office located in your state of residence and your account was opened by mail, telephone or electronically through our Internet website, this Agreement is governed by the laws of the Commonwealth of Pennsylvania. With regard to a dispute solely between you and CheckFree Services Corporation, this Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflicts of laws provisions. This Agreement is also at all times governed by the laws and regulations of the United States of America. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

      THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE ONLINE BANKING SERVICE.

      Exclusions of Warranties

      THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

    3. ADDITIONAL ONLINE BANKING SERVICES TERMS AND CONDITIONS FOR CONSUMER ACCOUNTS
    4. This Section B does not apply to customers accessing business accounts.

      1. Consumer's Liability for Unauthorized Transfers

        Tell us AT ONCE if you believe your PIN/Password/User ID has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in the accounts to which you have access through Online Banking Services, plus your maximum overdraft line of credit or the balance in any other account connected to your account for overdraft protection. In case of errors or questions about Online Banking Service transactions, promptly contact us at 1-800-762-2035 or, at 1-800-531-1648 (TT) or send us an e-mail at: Service1@pnc.com.

        For more information on your rights and obligations concerning unauthorized or erroneous Transactions, please refer to PNC's Consumer Electronic Funds Transfer Disclosure Statement ("EFT Statement"), which is an Account Disclosure, provided to you when you opened your deposit account. If you need another EFT Statement, contact us at 1-888-PNC-BANK, or e-mail us at Service1@pnc.com.

        1. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

          The PNC Financial Services Group, Inc. Consumer Information Privacy Principles explains how we collect and protect personal information and how and why in certain limited cases we may share such information. Please review such disclosure, as well as the PNC Website Customer Information Privacy Policy, both found at www.pncbank.com.

        2. SERVICE FEES AND ADDITIONAL CHARGES

          Fees for Consumers are disclosed in our Consumer Schedule of Service Charges and Fees. You agree to pay promptly all fees and charges related to Online Banking Services and authorize us to charge any of your PNC Bank accounts for the fees. You agree to be responsible for telephone and Internet Service Provider (ISP) charges to the extent that any may be incurred through use of Online Banking.

          Currently no fees are imposed for using the Online Banking Bill Payment or Transfer Services. Your deposit account(s) are subject to fees and charges as outlined the Schedule of Service Charges and Fees.

    5. TERMS AND CONDITIONS FOR TRANSFER FUNDS SERVICE
      (Consumer and Business Accounts)
    6. PNC Bank is pleased to offer our Transfer Funds Service as a feature of PNC Bank's Online Banking Service. You may use this Transfer Funds Service to transfer funds between your eligible PNC Bank accounts, draw funds from your PNC Bank Line of Credit, or make payments to your PNC Bank loans. Consumers may also transfers funds using eligible PNC Investment accounts. Detailed instructions and an explanation of how to use the Transfer Funds Service can be found in the User Guide in the Transfer Funds section. These instructions are incorporated as part of this Transfer Funds Service Agreement and you agree to follow such procedures and instructions. By using the Transfer Funds service you agree to be bound by the Terms and Conditions of this Agreement. We suggest that you keep a copy of this Transfer Funds Service Agreement together with your Account Agreement and/or Loan/Line of Credit Agreement for reference. If you need an additional copy of your Account Agreement, please contact us at 1-800-762-2035, or e-mail us at Service1@pnc.com.

      1. TRANSFER FUNDS SCHEDULING
        1. Transfer Authorization

          By providing PNC with information about Transfer Instructions, you authorize us to follow the Transfer Instructions that we receive through the system.

          When PNC receives a Transfer Instruction, you authorize us to debit/credit your accounts on your behalf.

          PNC will use its best efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:

          1. If, through no fault of PNC, your Transfer Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your line of credit account; and/or,
          2. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
        2. Information provided to Us

          You agree to provide true and accurate information to PNC.

        3. Transaction limitations
        4. We reserve the right to limit the amount you may debit from your Transfer Account for any given transaction. Additionally, we reserve the right to limit your use of this functionality by imposing limits, hold times, or other measures should we believe that suspicious activity has occurred or may occur or for any other reason in order to preserve the integrity of the Service. PNC reserves the right to verify any of the information you provide. Other account limitations are outlined in your various Account Agreements. PNC shall have the right to terminate your use of the Transfer Service, reject or reverse any transactions you initiate, and/or restrict or condition your right to transfer or receive money at any time and for any reason, including, but not limited to:

          1. Excessive use;
          2. Using the Service (directly or indirectly) for any unlawful purpose; and/or
          3. Tampering, hacking, modifying, or otherwise attempting to corrupt the security or functionality of the Service.
        5. Initiating transfers

          When PNC receives a Transfer Instruction, you authorize us to debit your designated Transfer Account and credit funds to the receiving account. Immediate, same day, and future dated transfers occur as explained in the User Guide. Any future dated or recurring transfer scheduled to occur on a non-Business Day will be processed on the Business Day prior to the Scheduled Transfer Date.

          However, for all credit card accounts (whether originally opened with National City Bank, PNC Bank, National Association or an affiliate of either bank) and all lines of credit accounts (including Signature Line of Credit, Small Business Line of Credit and Home Equity Line of Credit accounts) originally opened with National City Bank or a National City Bank branded affiliate, except Cash Reserve and Ready Reserve products:

          • Payments will be posted and credited effective Scheduled Transfer Date including weekends and holidays.
          • Only same-day transfers are supported (no future-dated or recurring transfers)

          If we learn that you have insufficient funds in the Transfer Account from which you requested we send money, we will cancel the transfer. If we learn this after the funds have been transferred, you will owe us for, and agree to promptly repay the amount of any shortfall. We may apply funds in your other accounts against the amount you owe us, or we may reverse any transfer made which caused the shortfall.

          It is your sole responsibility to provide the correct information to enable us to complete your Transfer Instructions, including but not limited to information concerning the "From Account," "To Account," dollar amount, and dates. PNC is not responsible for Transfers made to unintended accounts, or for the failure of a transfer, due to the input of incorrect information by you.

        6. Modifying or deleting Transfer(s)
        7. Once processed, transfers cannot be modified or cancelled. You may modify or cancel transfers that have not yet been processed. The procedure for deleting or modifying a transfer can be found in the User Guide. However, transfers made to or from eligible credit cards or eligible lines of credit using our Transfer Funds Service may not be modified or deleted after you submit the transfer.

      2. GENERAL PROVISIONS
        1. Password and Security

          You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all Transfer Instructions you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by contacting us at 1-800-762-2035.

        2. Your Liability for Unauthorized Transfers/Errors and Questions

          For Consumer deposit accounts, PNC Bank's Consumer Electronic Funds Transfer Disclosure Statement details your rights and obligations when an unauthorized transaction has occurred. For an explanation of your rights and obligations for unauthorized transactions involving a line of credit, please also refer to your loan documents. If the unauthorized transfer originated in an Investment Account, please refer to your Investment Account Agreement for information concerning your rights and obligations.

        3. Disclosure of Account Information to Third Parties

          The PNC Financial Services Group, Inc. Consumer Information Privacy Principles explains how we collect and protect personal information and how and why in certain cases we may share such information. Please review such disclosure, as well as the PNC Website Customer Information Privacy Policy, both found at www.pncbank.com.

        4. Service Fees and Additional Charges

          Currently no fees are imposed for using the Transfer Service. For all customers, your deposit account(s) are subject to fees and charges as outlined the Schedule of Service Charges and Fees. Your Internet service provider and telephone companies may impose charges for the services they provide so that you may have Internet access.

        5. Failed Transactions

          In using the Service, you are requesting PNC to make transfers for you from your Transfer Account. If we are unable to complete a transaction for any reason associated with your Transfer Account or credit account (for example, there are insufficient funds in your Transfer Account to cover the transaction, or your credit account is closed), the transaction will not be completed. We will notify you of any failed transfers other than same-day, one-time payments to credit cards or lines of credit using our Transfer Funds Service.

          It is your responsibility to check the balance of the receiving account after a Transfer has been made to confirm that such Transfer occurred.

        6. Service Termination, Cancellation or Suspension

          In the event you wish to cancel the Service, you may have the ability to do so as outlined in the User Guide, or you may contact customer service via one of the following:

          1. Telephone us at 1-800-762-2035 ; and/or
          2. Write us at:
            PNC Bank
            Online Banking Services
            P7-PFSC-04-J
            P.O. Box 600
            Pittsburgh, PA 15230-9430
        7. All transfer(s) initiated before the requested Service cancellation date will be completed by the Online Banking Service. All Scheduled Transfers, including recurring transfers, will not be processed after the requested cancellation date.

          PNC may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

        8. Additional Transfer Service Provisions for Business Customers
          1. We shall only be liable for our own negligence or misconduct and shall not be responsible for any loss or damage arising from or in connection with (a) any inaccuracy, act or failure to act on the part of any person not within our reasonable control or (b) any error, failure or delay in execution of any transfer resulting from circumstances beyond our reasonable control including, but not limited to, any inoperability of communication facilities, system delays in effecting account postings, or other operational delays. Please note the limitation on our liability for stop payment orders placed through Online Banking for Business provided below. The Business Customer agrees to promptly examine all periodic statements of Business Accounts and Eligible Loan Accounts affected by transfers and any confirmations of transfers that we or other banks may send or make available to the Business Customer, and to promptly notify us of any discrepancy within thirty (30) days of receipt of any periodic statement or confirmation. We shall not be liable for any loss or damage arising from or in connection with any transfer reflected on such periodic statement or confirmation.
          2. In no event shall we be liable for any consequential, incidental, special or indirect losses, damages (including dishonor of checks or other items), or expenses (including attorneys' fees) which the Business Customer incurs or suffers by reason of this Agreement or the Online Banking for Business Service provided hereunder, whether or not the likelihood of such losses or damages was known by us.
        9. Online Access and Instructions
          1. Authorized Business Representatives can obtain balance and posted transactions information on Eligible Accounts and can schedule recurring, one-time or future dated transfers of funds between eligible Business Accounts and/or Eligible Loan Accounts subject to the limitations on transfers and other terms set forth in this Agreement. Balance and activity information as of the close of the previous Business Day will normally be available by 10 AM ET / 9 AM CT the next day.
          2. Authorized Business Representatives can access Eligible Accounts through Online Banking for Business seven days a week. Any same day or one time transfer between Business Accounts or from an Eligible Loan Account to a Business Account initiated by an Authorized Business Representative before 10 PM ET / 9 PM CT on a Business Day is posted to the Business Account and/or Eligible Loan Account the same day. Any same day or one time transfer initiated by an Authorized Business Representative after 10 PM ET / 9 PM CT on a Business Day or at any time on a Saturday, Sunday or banking holiday will be posted on the next Business Day. All future dated or recurring transfers scheduled for a Business Day will be posted on that date; all future dated or recurring transfers scheduled for a Saturday, Sunday or banking holiday will be posted on the previous Business Day. While one-time, future dated or recurring transfers can be modified or deleted under certain circumstances, after a transfer has been processed electronically, the transfer request cannot be reversed.
          3. Any transaction that requires approval by a second Authorized Business Representative will be considered to be in a pending status and will not be acted upon by PNC until the required approval is electronically obtained.
          4. Any request, such as for a photocopy or stop payment, will be automatically forwarded to the appropriate transaction processing area for fulfillment. Any fees that are described in the Agreement will be applicable.
    7. ONLINE BILL PAY SERVICE
      (For Consumers and Business Customers)
      1. Introduction

        PNC Bank is pleased to offer our Online Banking Web Bill Payment Service as a feature of PNC Bank's Online Banking Service. You may use this Online Bill Pay Service to pay your bills, view bills or invoices online, send or receive electronic messages to/from PNC Bank and access your PNC Bank accounts. Further details concerning the Online Bill Pay Service are provided below. Detailed procedures, instructions and an explanation of how to use the Online Bill Pay Service can be found in the Online Banking User Guide in the Pay Bills Section. You agree to follow such procedures and instructions. The Bill Payment Service is offered by PNC Bank through CheckFree Services Corporation ("CheckFree"). PNC and/or CheckFree reserves the right to deny enrollment in the Bill Payment Service at any time or deny access to any account chosen for use in the service for any reason at any time.

      2. Bill Payment Scheduling

        When scheduling payments you must select an Estimated Arrival Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select an Estimated Arrival Date that is at least one (1) Business Day before the actual Due Date. When scheduling payments, you will be shown the earliest possible Estimated Arrival Date your payment can be scheduled for each biller. The number of business days in advance of the Estimated Arrival Date that payments must be scheduled for processing may vary by biller between one (1) and four (4) business days. Some billers may have made special arrangements with us to receive payments in less than four business days. You may change the Estimated Arrival Date shown for any biller to a later business date of your choice when you schedule payments to them. Payments where the Biller requires payment stubs, coupons or remittance slips may require additional time to post, as Online Bill Pay does not provide such documentation. If you are aware that a payee requires such documentation, you agree to select an Estimated Arrival Date to the Biller at least five (5) Business Days in advance of the Due Date. Occasionally a Biller may choose not to participate in the Online Bill Pay Service, or may require additional information before accepting payments. The Service will work with these Billers to encourage them to accept electronic or check payments from the Service. If we are unsuccessful, or if we determine that the Biller cannot process payments in a timely manner, we may decline future payments to such Biller.

        Business Accounts - Three Day Payment Limit during Enrollment Verification

        When applying for the service total of all current and future dated payments will be limited to $5000.00 for a period of up to 3 business days.

        You hereby represent and warrant on behalf of yourself and any person or organization for which you act that you have the authority to conduct and make transactions pertaining to the Payment Account and that all information you provide to us is complete, accurate, and current.

        In the event that we are unable to verify you, the information provided, or a check against our information shows you are not an authorized signer on the account we may take corrective actions including holding payments, cancelling payments, and cancelling your service.

        YOU MUST COMPLY WITH THE BILL PAYMENT SCHEDULING INSTRUCTIONS OR ASSUME ALL RISK PERTAINING TO FINANCE OR ANY OTHER CHARGES THAT THE PAYEE/MERCHANT MIGHT IMPOSE.

      3. Online Banking and Bill Pay Guarantee (For Consumer Accounts Only)

        Due to circumstances beyond the control of the Online Bill Pay Service, particularly delays in handling and posting payments by Billers or the Billers' financial institutions, some transactions may take longer to be credited to your account. The Online Bill Pay Service will bear 100% responsibility for any late payment related charges should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Bill Payment Scheduling" in this Agreement. If a mistake is made by the Online Bill Pay Service, the Online Bill Pay Service will bear 100% responsibility for your direct losses or damages.

      4. Payment Authorization and Payment Remittance

        By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives. The Service may impose an Individual Payment Limit on payments you attempt to schedule. In the event that a payment you are attempting to schedule exceeds the Individual Payment Limit of the Service, you will be notified at the time you attempt to schedule the payment and will be asked to resubmit you request. Furthermore, the Individual Payment Limit may be modified by the Service from time to time, without prior notice. When the Service receives a Payment Instruction, you authorize the Service to debit your Bill Payment Account and remit funds on your behalf so the funds arrive as close as reasonably possible to the Estimated Arrival Date designated by you. You also authorize the Service to credit your Bill Payment Account for payments returned to the Service by the United States Postal Service or Payee, or payments remitted to you on behalf of another authorized user of the Service.

        The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and the Consumer Online Banking and Bill Pay Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

        1. If, through no fault of the Service, your Bill Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
        2. The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
        3. You have not provided the Service with the correct Bill Payment Account information, or the correct name, payee amount, address, phone number, or account information for the Payee; and/or,
        4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, interruption of telephone service, telecommunications facilities, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

        Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Bill Payment Account or causes funds from your Bill Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Bill Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

      5. Payment Methods

        The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment or a laser draft payment.

      6. Payment Cancellation Requests

        You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within Online Bill Pay's User/Help Guide. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

      7. Stop Payment Requests

        The Service's ability to process a stop payment request will depend on the payment method. The Service may not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you wish to stop a payment before its Estimated Arrival Date, but it no longer appears as a Scheduled Payment, please call 1-800-762-2035 to determine whether such payment can be stopped.

        Consumers-For more information on your rights and obligations concerning stop payments, please refer to PNC's Consumer Electronic Funds Transfer Disclosure Statement ("EFT Statement"), which is an Account Disclosure, provided to you when you opened your deposit account. If you need another EFT Statement, contact us at 1-888-PNC-BANK, or e-mail us at Service1@pnc.com.

      8. Prohibited Payments

        Payments to Billers outside of the United States or its territories are prohibited through the Service.

      9. Exception Payments

        Tax payments, payments to settle securities transactions, and court ordered payments may be scheduled through the Service; however, such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Consumer Online Banking and Bill Pay Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service.

      10. Joint Accounts

        If your account is joint between you and one or more other person(s), then you consent to permit us to disclose any information concerning any pending payments or transactions to the co-owner(s) on the account.

    8. E-BILLS/BILL DELIVERY AND PRESENTMENT

      This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of Online Bill Pay's electronic bill options, you also agree to the following:

      1. Information provided to the Biller

        The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. You will need to contact the Biller directly for any changes. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites.

      2. Activation

        Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills. Some Billers provide you with terms and conditions which may affect your request to receive electronic bills. You should read these terms and conditions. However, such terms and conditions are under the control of the Biller and not part of this Agreement. In some cases, we may obtain the electronic bill from the web site of the Biller. To do so, we will ask you for information needed for this purpose, such as any required password. When you provide us this information, you authorize us to access the third party web site to retrieve the account information on your behalf, and you appoint us your agent for this limited purpose.

      3. Notification

        The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within Online Bill Pay, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to Online Bill Pay and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills. Please be advised that you may be running software or have an Internet Service Provider (ISP) that attempts to block SPAM e-mail. Depending on the parameters that have been established, this may block the e-mail notification as part of the Bill Presentment Service and it is your responsibility to work with your ISP and/or change the settings in your software to allow the e-mail notification process to function properly. This does not inhibit the presentation found within the Pay Bills on Online Bill Pay and therefore the status of your e-Bills can always be found within the Service.

      4. Cancellation of electronic bill notification

        The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Payee(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

      5. Non-Delivery of electronic bill(s)

        You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

      6. Accuracy and dispute of electronic bill

        The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

      7. This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

        1. EXCLUSIONS OF WARRANTIES

          ONLINE BILL PAY AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

        2. FAILED OR RETURNED TRANSACTIONS

          In using Online Bill Pay, you are requesting the Service to make payments for you from your Bill Payment Account. If we are unable to complete the transaction for any reason associated with your Bill Payment Account (for example, there are insufficient funds in your Bill Payment Account to cover the transaction), the transaction will normally not be completed. In the event we do allow a withdrawal for which there is not sufficient available funds, we may exercise all rights available to us under the "Withdrawals" and "Money Owed" sections of the Account Agreement.

          The Online Banking and Bill Pay Guarantee does not apply to any of the transactions described in this paragraph.

        3. BILLER LIMITATION

          PNC Bank reserves the right to refuse to pay any Payee to whom you may direct a payment. PNC Bank will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

        4. RETURNED PAYMENTS

          In using Online Bill Pay, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Bill Payment Account. You may receive notification from the Service. The Online Banking and Bill Pay Guarantee does not apply to any of the transactions described in this paragraph.

        5. INFORMATION AUTHORIZATION

          Your enrollment in Online Bill Pay may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in Online Bill Pay, you agree that the Service (either PNC or CheckFree) reserves the right to request a review of your credit rating at its own expense from a consumer reporting agency. In addition, you agree that the Service (either PNC or CheckFree) reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

    9. PAYMENTS THROUGH BILL PAYMENT PLUS

      This Section F applies to Bill Payment Plus customers accessing either personal or business accounts. (As of July 26, 2002, customers may no longer enroll in Bill Payment Plus).

      1. You may pay any party located in the United States through Bill Payment Plus, subject to the limitations on transfers set forth in this Agreement. We recommend that you do not use your Bill Payment Plus to make payments to the Internal Revenue Service or payments arising from any legal proceeding.
      2. We will follow the payment instructions that you provide us and will make all payments for which there are sufficient available funds in your Designated Account. When you enrolled in Bill Payment Plus, we require that you provide us with the address for the party that you wish to pay (the "merchant"), so that we may carry out your payment instructions. However, from time to time PNC Bank receives instructions from a merchant that direct us, in order to ensure the timely processing of your payment, to send your payment check to an address other than the one that you provided us, or that direct us to make your payment electronically rather than by check, to an account owned by the merchant at a financial institution. When PNC Bank receives such payment instructions from the merchant, we follow those instructions to help insure that your payment is received by the merchant and promptly credited to your account.
      3. You may schedule a bill payment up to one year in advance of its due date. You authorize us to debit your account for the amount of any payment upon receipt by us of your instructions. You must enter a due date for each payment order. This date is the date that funds will be deducted from your account. For electronic payments it is also the date the payee will receive the payment. Additional time for receipt will apply for payments made by check. Please note that the due date for any bill payment must be a business day. Your service will not allow you to schedule payments within four (4) days of the due date. Most merchants require as many as 7-10 business days from the date the payment is received to post the check to your account. PNC Bank recommends that you schedule payments at least seven (7) business days in advance of the bill's due date. The latest that a payment may be scheduled is 11:59 PM (ET) / 10:59 (CT) on any business day, in order for payment instructions to be carried out the next day. You may find that your payee/merchant may be paid electronically after three consecutive payments and may return to a check payment if there is a month without a payment.
      4. To avoid incurring a finance charge or any other charge, you should schedule your payment to arrive in advance of the due date indicated on your bill. IF YOU SCHEDULE A PAYMENT AFTER THE DUE DATE SET BY THE PAYEE/MERCHANT, EVEN IF SUCH PAYMENT IS SCHEDULED DURING A GRACE PERIOD, YOU ASSUME ALL RISK PERTAINING TO FINANCE OR ANY OTHER CHARGES THAT THE PAYEE/MERCHANT MIGHT IMPOSE.
      5. Online payments will not include your paper remittance slip, coupon, or stub. Because of that, payments that otherwise would have a paper payment stub, coupon or remittance slip may require additional time to post. Billers/ merchants may take longer to process payments that arrive without remittance slips. You acknowledge and agree that Bank shall have no liability for any finance or other charges based upon your request for a payment to be made to a payee/merchant that requires remittance documentation. Memos noted in the memo field that may be available in Online Bill Pay will not be included on electronic payments. Do not rely on the memo field to provide the merchant or payee any information.
      6. You can use Bill Payment Plus to cancel any scheduled payment prior to the date on which the payment instructions are scheduled to be carried out: You must send the cancellation instructions no later than 11:59 PM (ET), 10:59 PM CT on a business day which is at least five (5) business days before your payment due date.

        If you do not cancel your payment instructions within the time periods set forth above, and you need to cancel a payment, you must call us. Customers should contact us at 1-800-762-2035.

        Please remember that PNC Bank must be given sufficient time to act on your stop payment order. If a payment is made to the payee/merchant electronically, and the funds have already been deducted from your account, it is not possible to stop payment. Likewise, if payment is made to a payee/merchant via check and the check has already been cashed by the payee/merchant, you may not stop payment. Stop payment orders will be effective for six (6) months unless canceled by you and are subject to our current charge for that service. Stop payment orders canceling specific payments to particular merchants will not affect other payments already scheduled at the time of the stop order or future payments that you schedule with those merchants.

      7. PNC Bank shall not be responsible for any charges imposed or any other action taken by a payee/merchant resulting from a bill payment that you have not scheduled properly, including any applicable finance charges and late fees. In addition, PNC Bank will not be liable if any third party through whom any bill payment is made fails to transmit or deliver the payment or the payment instructions properly to the intended payee/merchant, or if the payee/merchant or its bank fails to transmit a payment instruction or record a bill payment properly. We will also not be liable if there are insufficient available funds in your Designated Account to cover your payments, or if your Designated Account is closed. You will be responsible for any overdraft or insufficient fund fees that may be charged to your account.
      8. If, for any reason, you should ever wish to cancel the service you must cancel all future bill payments at that time (and within the time periods set forth above), as PNC Bank does not automatically cancel future bill payment instructions. You may cancel the future bill payments by deleting these payments through Bill Payment Plus. This will ensure that future bill payments made by you will not be duplicated. Failure to cancel scheduled payments may result in overdrafts and overdraft fees being charged to your account.
    10. INFORMATION REVIEW AND IMAGES

      You may use the Service to view current balance information, review posted transactions and view images of certain documentation related to your Eligible Accounts. While PNC attempts to provide accurate and up to date information, we do not guarantee the accuracy of the information presented. The accuracy of such information is sometimes subject to transmission of data from third parties. Such material is presented for informational purposes only and is not to be considered as official bank records and they are not a replacement of your bank statements. PNC makes no warranties that the information presented for viewing on the Service will be uninterrupted, timely or error-free.

    11. ONLINE STATEMENTS

      The provisions of this section are applicable upon enrollment and activation for the PNC Online Statement service. To complete your requests to enroll and to stop receiving paper statements by mail for one or more of your accounts, please read and accept this Online Banking Service Agreement. Then activate for Online Statement delivery any of your eligible checking, savings, and money market accounts by going to the My Accounts section of PNC's Online Banking service, and clicking "Online Statements," then select any or all of the accounts listed in the activation list.

      1. With the Online Statement service, you may request the convenience of receiving your statement(s) electronically at PNC's Online Banking web site. Electronic delivery of your statements will in most cases eliminate delivery of the paper statement and checks that may be enclosed with that statement. If you select and activate this option, you must then log on to PNC's secure Online Banking web site using your Online Banking password and user ID to review the new statement. As a convenience to you, we can provide you with an e-mail notice to up to two e-mail addresses that your statement is available for view. You must specify the e-mail addresses to receive such notices when activating the service for your accounts. We do not guarantee delivery of such e-mail notice and reserve the right to cancel such e-mail notice at any time. Regardless of your receipt of e-mail notice, you agree that our posting of the statement at the Online Banking web site constitutes delivery of the statement to you. You agree to log on to the Online Banking web site at least once a month to review your statements.
      2. In order to deliver notifications of new statements, you must update us with any change in your e-mail address(es). You can change the e-mail address(es) for the statement notification at any time by accessing the online statements Edit Preferences feature within any online statement. PNC is not responsible for e-mail delivery failures beyond our control, including, but not limited to, Internet Service Provider outages, hardware or software failures, interruption of telephone service, telecommunications facilities or interference from an outside source. Depending upon your computer's spam filter, you may wish to add PNCBank_statements@pnc.com to your e-mail address book. In the event of a returned e-mail, PNC will attempt redelivery two times that month. If the e-mail is returned, we will mail for free a paper statement to the address of record for the account. If the e-mail continues to be returned, we will resume paper delivery of your statement. There may be a charge in accordance with the applicable schedule of service charges and fees for subsequent paper statements.
      3. A PDF and an html version of the statement will be made available. For Virtual Wallet customers, only a PDF version of the statement will be made available. Some marketing and promotional materials may not be available with the online statement. Your statement, together with any legal notices about your account, will remain available online for up to 7 years. You may also print the statements or download to your own system. The PDF version of the statement will be the legal statement of record. The interactive html version is a replica of, but not the official statement of record. Adobe Reader is required to print the legal copy of the statement. Adobe Reader is available for download free of charge at http://www.adobe.com/. Please note that we are not responsible for the performance of any third party software or for any damage to your computer or other equipment caused by the installation of any third party software. You do not need any other additional hardware or software beyond what you are using for Online Banking to view, print, or download the html version of the online statement. It is your responsibility to maintain a working User ID and Password to enable you to sign on to PNC Bank Online Banking to view your statements. If you need assistance with your User ID or Password, you can call us at:
        1-888-PNC-BANK (1-888-762-2265)
        Monday - Friday: 7 a.m. - 10 p.m. ET
        Saturday & Sunday: 8 a.m. - 5 p.m. ET.
      4. Combined statements are not available online. Each account is presented separately in its electronic format. If you receive a combined paper statement for your accounts and you want to receive online statements for all of your accounts, you must activate each account for the service. If you do not select to receive an Online Statement for each account on a combined statement, you will continue to receive a combined paper statement.
      5. If the account(s) for which you wish to receive online statements is a joint account, you agree that transmission of any e-mail notice to the e-mail address(es) that have been supplied for that account constitutes fulfillment of PNC's notification obligations (if any) on behalf of all account owners. All joint owners will be able to access the statements for activated accounts at PNC Bank's Online Banking site, and the consent of a single account owner is sufficient to activate the account. By viewing the online statement of a previously activated account, you agree to the terms and conditions of this section.
      6. PNC reserves the right to terminate the electronic delivery of the online statement at its sole discretion. If electronic delivery of the statement ceases, then paper statement delivery will resume to the street address we have on record for the account.
      7. By accepting this Online Banking Services Agreement when you sign on to Online Banking using your Password and User ID, and then activating one or more of your accounts for Online Statement delivery, you consent to the electronic delivery of your periodic statements including any check images you may currently receive, and notices (including any change in terms) which are included with the paper statements for the selected account(s). You will receive one statement in the mail after activating an account for online statements. Copies of any paper checks you currently receive will not be returned and will be processed as described in the Non-Return of Checks section of your consumer account agreement. You may cancel your consent and again receive paper statements at any time by selecting Edit Preferences within any online statement, then deactivating the account(s) or by calling:
        1-888-PNC-BANK (1-888-762-2265)
        Monday - Friday: 7 a.m. - 10 p.m. ET
        Saturday & Sunday: 8 a.m. - 5 p.m. ET.
        If you cancel the service, Check Safekeeping will still apply unless you separately cancel that Service. The paper statement(s) will be sent to the street address we have for the account in our records.
      8. You may request a paper copy of any statement by contacting the phone number listed above.

      9. Online statements are free of charge. Other fees are documented in the applicable consumer or business schedule of service charges and fees. Prices and services are subject to change from time to time.
      10. Please review the E-Sign Disclosure that appears at the beginning of this Online Banking Services Agreement. Such disclosure provides the system requirements necessary for you to utilize the Online Statements feature.
      11. Your consent

        To stop mail delivery of your paper statement, you must accept the Online Banking Services Agreement, acknowledging that you agree to the terms, and then activate the account(s) for which you wish to receive online statements by clicking on Online Statements from any My Accounts page and selecting account(s) for activation. By taking such actions, you consent to the terms of the Online Statement terms and conditions, as they may be modified from time to time.

    12. External Transfers

      PNC Bank is pleased to offer the External Transfer service (referred to as "Service" in this subsection) as a feature of PNC Online Banking. The Service offered by PNC Bank and CashEdge Inc. ("service provider"), allows you to transfer funds to or from your Eligible Accounts held at PNC and most other accounts held by you at other U.S. financial institutions - referred to in this Paragraph I as "Accounts." External transfers may only be requested:

        1. between accounts that have the same owner(s) listed on both accounts;
        2. the transfer is permitted by your external financial institution; and
        3. the transfer is permitted by law.

      The Service also includes the optional capability to electronically send money to friends, family and other associates with banking accounts held at PNC Bank or other U.S. financial institutions. You do not have to be an owner of the account to which you are sending money using this feature.

      Detailed instructions and explanations of how to use the Service can be found in the Help section of the Service within Online Banking. In order to use the Service, you agree to follow such instructions.

      1. Information Authorization

        PNC and our service provider reserve the right to obtain such additional information as we deem reasonably necessary.

      2. Once you are approved for the Service, we may verify the Accounts that you add to the Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be both credited to and debited from the Account. The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.

        Once the test transfer is complete, we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank or brokerage firm with this test transfer. We may also verify your external Accounts by employing external databases and services, or by requiring you to submit proof of ownership of the Account.

        Other account verification methods may also be employed at the sole discretion of PNC Bank and our service provider.

      3. User Content

        Subject to PNC's Privacy Policy, you agree that PNC and its service provider may use, copy, modify, display and distribute any information, data, materials or other content (the "Content") you provide to or provide access to PNC for the purpose of using the Service, and you hereby give PNC a license to do so. By submitting Content, you represent that you have the right to license such Content to PNC for the purposes set forth in this Agreement.

      4. Accounts

        By using the Service, you represent and warrant to PNC that you have the right to authorize and permit us to effect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third-party rights. You warrant and represent that the information you are providing us is true, current, correct and complete. You hereby authorize and permit PNC and our service provider to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the Accounts.

        1. You understand and agree that at all times your relationship with each Account provider is independent of PNC and your use of the Service. PNC will not be responsible for any acts or omissions by the financial institution or other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.
        2. YOU ACKNOWLEDGE AND AGREE THAT WHEN PNC AND OUR SERVICE PROVIDER IS EFFECTING AN EXTERNAL TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, PNC AND OUR SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD-PARTY. YOU AGREE THAT PNC, ITS AFFILIATES, SERVICE PROVIDERS AND PARTNERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION GRANTED BY YOU. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF
          1. OUR INABILITY DUE TO THE ACTIONS OF A THIRD-PARTY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR TRANSFER INSTRUCTIONS;
          2. ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS;
          3. ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS FOR FUND TRANSFERS AND
          4. ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.
        3. Not all types of accounts are eligible for the Service. Be sure to check with your financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. PNC is not responsible for any costs or losses incurred from transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.
      5. Communications
        1. How to Withdraw Consent.

          If you have registered for the Service and you wish to withdraw your consent to have Communications provided in electronic form, you must cancel any pending transfer requests (within the time period permitted by the Service cancellation policies) and stop using the Service.

        2. How to Update Your Records.

          You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, by using the Customer Service page in Online Banking.

      6. Transfer Types and Limitations
        1. Types of Transfers

          You may use the Service to transfer funds to or from an eligible PNC account and another account held by you at another U.S. financial institution or to an investment account held by you at an approved brokerage firm with whom the service provider has an established relationship. Transfers may be scheduled to occur one time, for a future date, or on a specified recurring basis.

          Transfers may also be scheduled on a one-time or recurring basis to be sent electronically, using the optional send money capability, directly to the third-party accounts you have specified. You cannot use send money to transfer from the third-party account to your PNC Bank account.

        2. Dollar Amount of Transfers

          You may not make transfers in excess of limits defined by the Service on the Schedule Transfer and Send Money Detail pages of the External Transfer section of Online Banking. We reserve the right to change from time to time the dollar amount of the transfers you are permitted to make using the Service. Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provided herein (see "Suspension and Reinstatement of External Transfers" below), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.

        3. Transfers Subject to the Rules of the Accounts

          Additionally, all transfers are subject to the rules and regulations governing the relevant Accounts, whether held at PNC or elsewhere. You agree not to effect any transfers from or to an Account that are not allowed, under the rules or regulations applicable to such accounts.

      7. Rejection of Transfers

        We reserve the right to decline to effect any transfer, to submit transfer instructions or to carry out change or cancellation requests. We may at any time decline to effect any transfers that we believe may violate applicable law, or where there is not sufficient funds in your Account to effect any requested transfer.

      8. Authorization

        You authorize us to select any means to execute your transfer instructions. You understand that to effect your transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules, to debit one of your Accounts and credit another of your Accounts. Once your Account has been debited, we credit our service provider's transfer account at the service provider's clearing bank. After our service provider and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases this is usually between 3-4 banking days), our service provider will credit your destination Account. The sole purpose for our service provider's transfer account is to complete your transfer requests and for performing the services within the scope of this Agreement. The service provider earns no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our service provider to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.

      9. In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement. You understand and agree that in the event we are unable to execute your transfer request utilizing the ACH, we may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or check.

      10. Suspension and Reinstatement of External Transfers

        The Service may not be available at all times. In the event that we at any time incur a problem with your use of the Service, including without limitation a failure in attempting to debit any of your Accounts or to collect with respect to any of your transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect ourselves from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Agreement (see "Error Reporting and Claims," below). We reserve the right in its sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you, based upon your subsequent usage of the Service PNC in its sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see "Dollar Amount of Transfers," above).

      11. Documentation

        You may access a statement of all external transfers effected or pending at any time by clicking on the 'Transfer History' tab located within the Transfers Service. If a transfer could not be completed, PNC and/or our service provider, upon learning that the transfer has failed, will make a reasonable effort to complete the transfer. If the transfer fails a second time, we will notify you to contact your financial institution or other provider of the relevant Account to learn more about the failure.

      12. Errors

        You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit transfer instructions on your behalf. You understand that financial institutions receiving the transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, PNC reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

        We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the Account. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.

      13. Proprietary Rights

        You acknowledge and agree that PNC and/or our service provider own all rights in and to the Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile any of PNC's and/or our service provider's services or technology.

      14. No Unlawful or Prohibited Use

        As a condition of using the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

      15. Service Changes and Discontinuation

        We may modify or discontinue the Service or your use of some or all accounts within the Service, with or without notice, without liability to you, any other user or any third-party. We may from time to time make available additional or new features to the Service, including but not limited to, a higher dollar limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. We reserve the right, subject to applicable law, to terminate your account within the Service and your right to use the Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of PNC and/or our service provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Service. We reserve the right to charge a fee for the use of the Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all applicable fees associated with the use of our services.

      16. Security Procedures

        You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.

      17. Deviating from Security Procedures

        You agree to allow us to authorize any financial institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition you agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications.

      18. Account Number Policy

        If external transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.

      19. Joint Account Holder

        By using the Service, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for the Service. We will end your use of the Service if any joint account holder notifies us that (i) they never consented to your use of our service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the joint account.

      20. Means of Transfer

        You authorize us to select any means we deem suitable to provide your transfer instructions to the applicable financial institution. These choices include banking channels, electronic networks, and funds transfer systems. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as automated clearinghouse (ACH) as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the standard period of three (3) business days.

      21. Our Liability

        If we do not provide a transfer on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account. PNC is not responsible or liable if your financial institution's system fails and we are unable to complete the transfer. Except as otherwise required by law, PNC shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or pursuant to PNC's Online Banking Guarantee.

        1. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the transfer and the transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the transfer would exceed the credit limit on any applicable overdraft line.
        2. You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a transfer or if the PNC website was not working properly and you knew about the breakdown when you started the transfer.

      22. Your Right to Cancel a Transfer

        For specific instructions regarding how to cancel an external transfer, refer to the Help section of that may be accessed by signing on to Online Banking. One-time transfers that are requested to begin processing on the next available business day may or may not be cancelled, depending upon when the transfer is requested and whether our service provider has begun processing the transfer. The status of a transfer may always be verified by clicking the Transfer History tab within the Service. If a cancel link is displayed next to the transfer then that particular transfer may be cancelled. You may cancel a scheduled transfer anytime before the Process Date of the debit transaction. If the transfer is a recurring transfer, then you may cancel the entire transfer plan as long as the request is received before the Process Date of the next recurring transfer. Once a recurring transfer is cancelled, all future transfers will also be cancelled and you must reschedule the recurring transfer if you want transfers to be made in the future.

      23. Limitation of Warranty and Liability

        YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE PNC WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN THE PNC ONLINE BANKING GUARANTEE, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

      24. Indemnification

        You agree to indemnify, defend and hold harmless PNC, its service provider, its affiliates, partners, officers, directors, employees, consultants, service providers and agents 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 Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your Accounts, of any intellectual property or other right of any person or entity.

      25. Miscellaneous

        You understand and agree that our service provider is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the Service; and that you are rightfully authorizing us to make transfers to and from your accounts.

        You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. PNC's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of PNC's right to subsequently enforce such provision or any other provisions of this Agreement.

        Wireless carrier charges may apply to you or the recipient for text messaging services. Check with your wireless carrier for details regarding your specific wireless plan and any text messaging charges that may apply.

    13. External Transfer Payments

      PNC Bank is pleased to offer the External Transfer Payments service (referred to as "Transfer Payments Service" in this subsection) as a feature of PNC Online Banking. The Service offered by PNC Bank and FDR Inc. ("Payment Service Provider"), allows you to transfer funds from your Eligible Accounts held at PNC and most other accounts held by you at other U.S. financial institutions - referred to in this Paragraph I as "Accounts". The service also allows you to transfer funds from Eligible Accounts to your PNC Bank Credit Card and all line of credit accounts (including Signature Line of Credit, Small Business Line of Credit and Home Equity Line of Credit accounts) originally opened with National City Bank or a National City Bank branded affiliate, except Cash Reserve and Ready Reserve products.

      External Transfer Payments may only be requested:

      1. To pay PNC Bank Credit Cards and select PNC Bank Line of Credit Accounts;
      2. The transfer is permitted by your external financial institution; and
      3. The transfer is permitted by law.

      In order to use the Service, you agree to the following:

      1. Information Authorization

        PNC and our service provider reserve the right to obtain such additional information as we deem reasonably necessary.

        Once you are approved for the Transfer Payments Service, we may verify the Accounts that you add to the Service from time to time.

        We may verify your external Accounts by employing external databases and services, or by requiring you to submit proof of ownership of the Account.

        Other account verification methods may also be employed at the sole discretion of PNC Bank and our service provider.

      User Content

      Subject to PNC's Privacy Policy, you agree that PNC and its service provider may use, copy, modify, display and distribute any information, data, materials or other content (the "Content") you provide to or provide access to PNC for the purpose of using the Service, and you hereby give PNC a license to do so. By submitting Content, you represent that you have the right to license such Content to PNC for the purposes set forth in this Agreement.

      Accounts

      By using the Service, you represent and warrant to PNC that you have the right to authorize and permit us to effect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third-party rights. You warrant and represent that the information you are providing us is true, current, correct and complete. You hereby authorize and permit PNC and our service provider to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the Accounts.

      1. You understand and agree that at all times your relationship with each Account provider is independent of PNC and your use of the Service. PNC will not be responsible for any acts or omissions by the financial institution or other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.
      2. YOU ACKNOWLEDGE AND AGREE THAT WHEN PNC AND OUR SERVICE PROVIDER IS EFFECTING AN EXTERNAL TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, PNC AND OUR SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD-PARTY. YOU AGREE THAT PNC, ITS AFFILIATES, SERVICE PROVIDERS AND PARTNERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION GRANTED BY YOU. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF
        1. OUR INABILITY DUE TO THE ACTIONS OF A THIRD-PARTY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR TRANSFER INSTRUCTIONS;
        2. ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS;
        3. ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS FOR FUND TRANSFERS AND
        4. ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.
      3. Not all types of accounts are eligible for the Service. Be sure to check with your financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. PNC is not responsible for any costs or losses incurred from transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.

      Communications

      1. How to Withdraw Consent.

        If you have registered for the Transfer Payments Service and you wish to withdraw your consent to have Communications provided in electronic form, you must cancel any pending transfer requests (within the time period permitted by the Service cancellation policies) and stop using the Service.

      2. How to Update Your Records.

        You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, by using the Customer Service page in Online Banking.

      Transfer Types and Limitations

      1. Types of Transfers

        You may use the Transfer Payments Service to transfer funds to an eligible PNC Credit Card or Line of Credit account from another account held by you at PNC Bank or another U.S. financial institution. Transfers may be scheduled to occur one time, for a future date, or on a specified recurring basis.

      2. Dollar Amount of Transfers

        You may not make transfers in excess of limits defined by the Transfer Payments Service on the Schedule Transfer pages of the Funds Transfer section of Online Banking. Further, you may not make payments in excess of the current balance on your credit account. We reserve the right to change from time to time the dollar amount of the transfers you are permitted to make using the Transfer Payments Service. Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provided herein (see "Suspension, Termination and Reinstatement of External Transfer Payments" below), you understand and agree that your use of the Transfer Payments Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.

      3. Transfer Payment Frequency

        You may not make more than one (1) External Transfer Payment to a particular PNC Bank Credit Card or eligible PNC Line of Credit account within any four (4) day period.

      4. Transfers Subject to the Rules of the Accounts

        Additionally, all transfers are subject to the rules and regulations governing the relevant Accounts, whether held at PNC or elsewhere. You agree not to effect any transfers from or to an Account that are not allowed, under the rules or regulations applicable to such accounts.

      Rejection of Transfers

      We reserve the right to decline to effect any transfer, to submit transfer instructions or to carry out change or cancellation requests. We may at any time decline to effect any transfers that we believe may violate applicable law, or where there is not sufficient funds in your Account to effect any requested transfer.

      Authorization

      You authorize us to select any means to execute your transfer instructions. You understand that to effect your transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules, to debit one of your Accounts and credit another of your Accounts. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our service provider to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.

      In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement.

      Suspension, Termination and Reinstatement of External Transfers

      The Service may not be available at all times. In the event that we at any time incur a problem with your use of the Service, including without limitation a failure in attempting to debit any of your Accounts or to collect with respect to any of your transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend or terminate a transfer or your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect ourselves from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Agreement (see "Error Reporting and Claims," below). We reserve the right in its sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you, based upon your subsequent usage of the Service PNC in its sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see "Dollar Amount of Transfers," above).

      Documentation

      You may access a statement of all external transfers effected or pending at any time by clicking on the 'External Transfer History' tab located within the Transfers Service. If a transfer could not be completed, the failed status of the transaction will be displayed.

      Errors

      You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit transfer instructions on your behalf. You understand that financial institutions receiving the transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, PNC reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

      We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the Account. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.

      Proprietary Rights

      You acknowledge and agree that PNC and/or our service provider own all rights in and to the Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile any of PNC's and/or our service provider's services or technology.

      No Unlawful or Prohibited Use

      As a condition of using the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

      Service Changes and Discontinuation

      We may modify or discontinue the Service or your use of some or all accounts within the Service, with or without notice except as required by law, without liability to you, or any other user or any third-party. We may from time to time make available additional or new features to the Service, including but not limited to, a higher dollar limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. We reserve the right, subject to applicable law, to terminate your account within the Service and your right to use the Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of PNC and/or our service provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Service. We reserve the right to charge a fee for the use of the Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all applicable fees associated with the use of our services.

      Security Procedures

      You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.

      Deviating from Security Procedures

      You agree to allow us to authorize any financial institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition you agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications.

      Account Number Policy

      If external transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.

      Joint Account Holder

      By using the Service, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for the Service. We will end your use of the Service if any joint account holder notifies us that (i) they never consented to your use of our service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the joint account.

      Means of Transfer

      You authorize us to select any means we deem suitable to provide your transfer instructions to the applicable financial institution. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as automated clearinghouse (ACH) as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the standard period of three (3) business days.

      Our Liability

      If we do not provide a transfer on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account. PNC is not responsible or liable if your financial institution's system fails and we are unable to complete the transfer. Except as otherwise required by law, PNC shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or pursuant to PNC's Online Banking Guarantee.

      1. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the transfer and the transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the transfer would exceed the credit limit on any applicable overdraft line.
      2. You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a transfer or if the PNC website was not working properly and you knew about the breakdown when you started the transfer.

      Your Right to Cancel a Transfer

      One-time transfers that are requested to begin processing on the same or next available business day may or may not be cancelled, depending upon when the transfer is requested and whether our service provider has begun processing the transfer. The status of a transfer may always be verified by clicking the External Transfer History tab within the Service. If a cancel link is displayed next to the transfer then that particular transfer may be cancelled. You may cancel a scheduled transfer anytime before the Process Date of the debit transaction. If the transfer is a recurring transfer, then you may cancel the entire transfer plan as long as the request is received before the Process Date of the next recurring transfer. Once a recurring transfer is cancelled, all future transfers will also be cancelled and you must reschedule the recurring transfer if you want transfers to be made in the future.

      Limitation of Warranty and Liability

      YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE PNC WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN THE PNC ONLINE BANKING GUARANTEE, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

      Indemnification

      You agree to indemnify, defend and hold harmless PNC, its service provider, its affiliates, partners, officers, directors, employees, consultants, service providers and agents 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 Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your Accounts, of any intellectual property or other right of any person or entity.

      Miscellaneous

      You understand and agree that our service provider is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the Service; and that you are rightfully authorizing us to make transfers to and from your accounts.

      You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. PNC's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of PNC's right to subsequently enforce such provision or any other provisions of this Agreement.

    14. Alerts

      PNC Bank's Alert Service enables you to receive notices from time to time concerning available balance, certain transaction information and other information relating to your PNC Bank account(s) which are eligible for the service. You may select the type of alert you wish to receive and the method of delivery of the alert for one or more of your eligible accounts. For Virtual Wallet accounts, e-mail Alerts will be automatically provided for you. By using the Alerts Service, you acknowledge that you are aware of and agree to abide by the following terms and conditions:

      1. Alerts allow you to request and receive electronic mail ("e-mail") or telephone messages regarding certain activity in your accounts with PNC Bank that are eligible for the service. We will send Alerts to you based upon the instructions you provide to us. Changes to your instructions must be received and recorded by PNC Bank. You hereby acknowledge and accept that Alerts are sent to you without being encrypted and may include your name and information pertaining to your PNC Bank account(s). You authorize PNC Bank to deliver information to the phone number or e-mail address you provide to us, even though a person not an owner on your account may access the message (such as someone who can open your e-mails or answer your telephone or access your wireless device). We may phone you as early as 8:00 AM ET / 7:00 AM CT or as late as 10:00 PM ET / 9:00 PM CT. If the phone number you provided to us is on either the federal or a state's Do Not Call List, you still authorize PNC to deliver Alerts to such number.
      2. You may select to receive alerts through an e-mail account that is accessed via a personal computer connection or by a text-enabled phone or other wireless communications device. PNC Bank's Alerts may be affected by the terms and conditions of your agreement(s) with your telephone carrier and/or internet service provider. It is your responsibility to determine if your cellular phone service provider supports text messaging and your telephone is capable of receiving text messages. You are responsible for any fees imposed due your use of Alert by your telephone service or Internet service provider. If you have directed us to communicate with you at a cell phone or other wireless communications device, you consent to receiving alerts at such cellular or other wireless communications device and you acknowledge that you may incur a charge from your cellular or other communications service provider for the communication of the alert.
      3. You acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your communications service provider(s) and other factors outside our control. We neither guarantee the delivery or the accuracy of the contents of Alerts. You agree to not hold liable PNC Bank, its directors, officers, employees and agents for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from:
        1. a non-delivery, delayed delivery, or the misdirected delivery of Alerts;
        2. inaccurate or incomplete content in Alerts; or
        3. your reliance on or use of the information provided in an Alert for any purpose.
      4. PNC Bank provides Alerts as a convenience to you for information purposes only. Alerts do not constitute a bank record for the account to which it pertains. PNC Bank reserves the right to terminate Alerts at any time without prior notice to you. PNC Bank also reserves the right to begin charging a fee for the service after providing to you notice of the fee. Nothing contained herein shall amend, supersede or nullify anything contained in any other agreement you have made with PNC Bank. We may add new alerts from time to time, or eliminate existing alerts. If you have opted to receive an alert that is to be eliminated, we will notify you of the cancellation of an alert or other discontinuance of service. You agree that we may provide all notifications concerning changes to the service by electronic means, which may include posting any changes on the Online Banking welcome page.

    15. Account Delegation (Business Customers Only)

      Account Delegation allows Business Customers ("Super Users") to grant online account access to other individuals ("Sub Users"). The Super User has sole discretion to authorize Sub Users to have Internet access to all or only part of the Online Banking Service that the Super User can access (Note that Sub Users can only access via the Internet, and not through Personal Financial Software.)

      If you are a Bank customer who has authorized Sub User access, you understand and agree that you are solely responsible for the delegation, review, modification and revocation of authority to any Sub User and you shall be liable for all actions of any Sub User.

      You hereby authorize and direct the Bank to provide to your Sub Users the financial information about you contained in the account information your Sub User(s) will be authorized by you to access.

      1. Creation of Sub Users

        In accordance with the terms of this Agreement, as a Bank customer, you may authorize and direct the Bank as follows:

        • to permit access to your account information by one or more Sub Users designated by you;
        • as to which of your accounts each such Sub User may access; and,
        • with respect to any restrictions on the degree of access for such Sub User in accordance with parameters which may be established by the Bank from time to time.
      2. Sub User Log-In IDs and Passwords

        If you are a Bank customer who has authorized access to a Sub User, you will be responsible for assigning Log-in IDs and Passwords to each Sub User. You authorize us to follow any instructions entered through Online Banking using such Log-in IDs and Passwords, including replacement passwords.

        You agree to distribute all User IDs and Passwords to any Sub User(s) and assure the confidentiality of all User IDs and Passwords. Each Sub User will be required to change his/her Password upon the first attempt to access the authorized accounts.

        You agree that Sub Users will not give their Log-in IDs or Passwords, or make them available, to any other person. You are solely responsible for use and control of passwords issued to Sub Users. Because Log-in IDs and Passwords can be used to access funds in any of your Accounts accessible via Online Banking and to access information about any of your Accounts, subject to limitations set by the Super User, you are responsible for the Super User and the Sub Users treating their Log-in IDs and Passwords with the same degree of care and secrecy that you use to protect other sensitive financial data, but not less than reasonable care. You acknowledge and agree that PNC is not responsible for transactions performed by unauthorized individuals using your or your Sub Users valid Log-in IDs and Passwords.

        Online Banking access will be suspended in the event a Password is entered incorrectly on three (3) consecutive access attempts. If this happens to the Super User, please contact us at 1-877-BUS-BNKG. If this happens to a Sub User, he or she will need to contact the Super User who can re-enable access. Note that PNC cannot reset access for Sub Users.

        The access of any Sub User will be terminated (i) in its entirety, as a result of the failure of the Sub User to consent to the then current version of this Agreement or an Information Provider Agreement; or (ii) with respect to the applicable accounts, (x) as a result of the failure of the authorizing Bank customer to consent to the then current version of this Agreement or an Information Provider Agreement, or (y) the Bank customer revoking or limiting the access of the Sub User. We assume no responsibility to discover, audit or report to you any possible breach of security by your agents or Sub Users, or unauthorized disclosure or use of your Sub User(s) User IDs or Passwords. In the event that you suspect any compromises of security (whether or not involving your employees, agents, or Sub Users), you shall promptly notify us by calling us at 1-877-BUS-BNKG.

    16. PNC Bank Credit Cards

      PNC Bank, National Association is the issuer of PNC Bank credit cards. Within PNC Online Banking, PNC credit card customers can: view account and transaction details, make a payment on a credit card, transfer funds from a credit card to a PNC checking, savings or money market account, download transaction data and send and receive secure e-mail. Please see the User Guide for specific details.

      Transfers from your PNC credit card account will be processed as a cash advance and are subject to the terms of your credit card agreement (including any cash advance fees that apply). For information on specific credit card fees that may apply to this transaction, please refer to your credit card agreement or contact customer service at 1-800-282-7541 (personal accounts) or 1-800-474-2101 (business accounts).

      The general terms and conditions of this Agreement apply to your online activities concerning your credit card account(s), except where this Agreement conflicts with the terms and conditions of your credit card agreement, in which case the terms and conditions of your credit card agreement apply. Further information concerning applicable PNC Bank credit cards can be found in the Help section in Online Banking.

    17. PNC Wealth Management and PNC Investments Customers
      1. Introduction

        As used in this section, the terms "Bank," "we," "us" and "our" refer to either PNC Bank, National Association or PNC Delaware Trust Company, depending on the entity with which you currently have an agreement for investment management, other fiduciary or private banking or custody relationship. Collectively, these entities are referred to in this section as the "Banks." If you have a relationship with more than one Bank, by accepting this Agreement you will be deemed to have entered into the Agreement separately with each Bank with which you have an investment management, or another fiduciary or private banking or custody relationship even though you will be issued only one User ID and Password. The Site, including the pages known as "PNC Wealth Insight®" and "PNC Total InsightSM", is operated by the Banks as a means for each of the Banks to provide certain information and services to its customers. As used in this agreement, the term "Site" shall include PNC Wealth Insight and PNC Total InsightSM.

      2. Site Features

        Depending upon the nature of your relationship with the Bank, the Site may allow you to have access to certain information regarding a variety of financial related topics. This information is provided by the Bank or by other parties selected by the Bank, including other PNC companies or unaffiliated third-party entities. You may be asked to agree to one or more Information Provider Agreements in order to access the Site, to continue to access the Site, or to use certain features of the Site or the PNC Wealth Insight and PNC Total InsightSM pages to access non-PNC accounts.

        The Site is intended to allow you to view your account data with the Bank and account data with certain other PNC companies and, if you use PNC Wealth Insight and PNC Total InsightSM, information that you input yourself or information obtained from external financial service providers (together, "non-PNC Account Information") or, if you are an Interested Party (as defined in Section M. V.), account data to which you have been granted access by a Bank customer. This includes all PNC accounts of which you individually are the sole or joint owner, as well as other PNC accounts ("Non-Ownership Accounts") in which you have an interest (for example as a fiduciary, such as a trustee or executor, or beneficiary of a trust) or for which you have been authorized to see information.

        Based upon your PNC Online User ID, PNC Wealth Insight and PNC Total InsightSM will include information regarding one or more Non-Ownership Accounts. This means that the information available to you on the various PNC Wealth Insight and PNC Total InsightSM tabs reflects both assets of which you are a sole or joint owner and the assets of those Non-Ownership Accounts, where you may not directly own the trust or other account assets and may not be entitled to receive the income from the trust or other account. PNC Wealth Insight and PNC Total InsightSM helps to identify the Non-Ownership Accounts included in PNC Wealth Insight and PNC Total InsightSM by using the following relationship icons: Future enhancements to PNC Wealth Insight and PNC Total InsightSM capabilities may separately identify Non-Ownership Account income or assets in order to refine the information we share with you.

        By accessing and using the Site, you represent on a continuing basis that you are authorized to have view access to any account that you access, but that you may not have ownership of or ownership rights to the assets or income of Non-Ownership Accounts. All account data is provided as a convenience and for your information, but it is not the official record of an account or its activity. The account statement or statements shall remain the official record. This Site is updated regularly, but is subject to adjustment and correction and therefore should not be relied upon for taking any action or forbearing from taking any action. All account information should be confirmed with an appropriate PNC employee prior to taking investment or other action.

        You agree that personnel of the Bank and personnel of other PNC companies, including personnel who are not members of your PNC team, may access for reasonable business purposes any account information or electronic mail communication sent by you to the Bank through secure email in PNC Bank's Online Banking or Other E-Mails

        YOU AGREE NOT TO TRANSMIT SECURITIES TRADE ORDERS OR OTHER INSTRUCTIONS WITH RESPECT TO ANY DEPOSIT, BANKING, LOAN, SECURITY OR OTHER ACCOUNTS THROUGH E-MAIL. YOU ACKNOWLEDGE THAT THE BANK IS NOT REQUIRED TO ACT ON SECURITIES TRADE ORDERS OR OTHER INSTRUCTIONS WITH RESPECT TO ANY OF YOUR DEPOSIT, BANKING, LOAN, SECURITY OR OTHER ACCOUNTS TRANSMITTED THROUGH ONLINE BANKING SECURE EMAIL OR OTHER E-MAILS.

      3. Terms of Use

        The Bank and its affiliates will provide certain confidential data and information ("Confidential Client Information") by means of the Site. The Bank and its affiliates will not be liable for any losses in contract, tort, warranty, or otherwise, incurred in connection with (i) the failure of electronic transmission of Confidential Client Information to or from the Site, (ii) the implementation of any security procedures established for the purpose of limiting access to, and protecting, Confidential Client Information, (iii) any decision made, action, or inaction taken by any party in reliance upon any Contents of the Site or any electronic transmission of Confidential Client Information or security procedures, (iv) any delays, inaccuracies, errors in, or omissions of any Contents of the Site, Confidential Client Information or security procedures, (v) access by an Interested Party to the Confidential Client Information of the Bank customer who authorized the Interested Party's access, or (vi) your access or the access of any Interested Party to the site through the use of any mobile device.

      4. Risks and Limitations

        We may allow you to have access to certain financial market information, news, analysis, reports and research and non-PNC Account Information ("Information"). We do not make any guarantees or warranties, express or implied, as to the accuracy, timeliness or completeness of any Information. We and our officers, directors, employees and agents shall not be liable to you for any investment losses related to or resulting from the use of any Information. Certain Information is prepared or provided by Information Providers, and other Information is provided by the Bank, other PNC companies or inputted by you or obtained from your external financial services provider. Neither the Bank, any other PNC company nor any Information Provider assures for you, or any particular investor, the suitability or potential value of any particular investment on which you may receive Information through the Site. The Bank will treat as unsolicited any security order that you ask the Bank to place after accessing Information on or through the Site. To ensure compliance with Internal Revenue Service Circular 230, we inform you that any U.S. Federal Tax advice that may be contained in or produced by tools on this Site is not intended or written to be used, and cannot be used by you or any other person, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting marketing or recommending to any person any tax-related matter addressed herein.

        The Site has been created in the United States for the exclusive use of persons currently residing in the United States. Neither the Information nor the recommendations contained herein is an offer to buy or sell any security or financial instrument. No services or securities will be offered or sold in any jurisdiction in which such offer or solicitation, purchase or sale would be contrary to applicable local law or regulations. Prior to investing in any security, which may be recommended by us, please obtain and read a copy of the current prospectus or other disclosure document, which contains more information with respect to that security. The Information contained herein shall be for your use and may not be reproduced or distributed in any way without the express written permission of the Bank. The Bank and other PNC companies, do not provide legal, tax or accounting advice and none of the Contents of the Site should be relied upon in that regard.

        Because past performance is no guarantee of future results and reliance on current and historical data must involve significant limitations, you must understand that the Site is only a tool to be used in financial planning and not as a substitute for informed judgment. We cannot guarantee the future performance of your investments, promise any specific level of performance or promise that investment or financial recommendations, if any, offered by the Site will be successful. The investment and financial recommendations, if any, offered by the Site are subject to various market, currency, economic, political and business risks and will not necessarily be profitable or effective.

        Depending upon the nature of your relationship with the Bank, you understand that the Bank may make recommendations or provide advice even though it or its affiliates may have a potential conflict of interest or duty in a transaction. This includes, without limitation, the fact that the Bank or any of its affiliates may (i) provide brokerage and/or investment advisory services to other clients; (ii) act as financial advisor or lender to an issuer of securities; (iii) act as an underwriter, broker, dealer or placement agent with respect to securities; (iv) recommend an investment in mutual funds or unit trust funds or other types of pooled investment funds and commingled investment vehicles established, sponsored, advised, or managed by or otherwise affiliated with, or which pays fees to the Bank or any of its affiliates (and the Bank may be compensated separately for such functions); (v) act as a counterparty in currency exchange, swap, option and other derivative transactions; (vi) act in the same transaction as agent for more that one client; (vii) have a material interest in an issue of securities; (viii) earn fees and profits from any of the above-listed activities in addition to the fees charged to you for services under any Other Bank Agreement; (ix) issue time deposits or certificates of deposit in which you invest; and (x) effect transactions between your account and any other account for which the Bank and/or its affiliates act as broker-dealer. Securities recommended and followed by the Bank, or other PNC companies, may be held from time to time in accounts managed by the Bank, or other PNC companies, and in their portfolios. Directors, officers or employees of the Bank and other PNC companies may have positions in securities described in the Site or be directors of the issuers described in the Site.

        Depending upon the nature of your relationship with the Bank, you may be permitted to request registration via the telephone or the U.S. mail. When you register via telephone or U.S. mail, the Bank may assign to you a randomly generated temporary password and send it to you via U.S. mail. During your initial visit to the Site, you will be required to reset this temporary password. In order to access the Site during subsequent visits, you will be required to enter your User ID and your self-selected password.

        If you have eligible accounts with a Bank (and may access those accounts through "Online Banking"), or brokerage accounts with PNC Investments LLC (accessed through "Online Banking"), you may access those accounts from the Online Banking Web site.

        You agree to take full responsibility for the consequences of any access, including responsibility for all actions taken, including access to your account information and messages in Online Banking secure email, if available to you, through and under your User ID and Password and by any Interested Party, or by any party to whom you have provided your User ID and Password.

        You must notify us immediately by calling PNC Wealth Insight Support at 1-877-491-0775 or PNC Total Insight Customer Care at 1-855-762-8448 if you become aware of (i) the loss or compromise of your User ID or Password or the User ID or Password of any Interested Party authorized by you, (ii) any unauthorized use of your User ID or Password or the User ID or Password of any Interested Party authorized by you, (iii) any inaccuracies in your personal or account information or (iv) any other activity in regard to the Site or your accounts that you consider to be irregular or suspicious.

      5. Interested Party Access

        In accordance with the terms of this Agreement, as a Bank customer, you may authorize and direct the Bank as follows:

        • to permit access to your account information by one or more Parties designated by you ("Interested Parties");
        • as to which of your accounts each such Interested Party may access; and,
        • with respect to any restrictions on the degree of access for such Interested Party in accordance with parameters which may be established by the Bank from time to time.

        If you are a Bank customer who has authorized Interested Party access, you understand and agree that you are solely responsible for the delegation, review, modification and revocation of authority to any Interested Party and you shall be liable for all actions of any Interested Party.

        If you are a Bank customer who has authorized Interested Party access, you will be given a User ID and system-generated Password that will permit the authorized Interested Party to gain access on the Site to information about your specified accounts. You agree to distribute all User IDs and system-selected Passwords to any Interested Party(ies) and assure the confidentiality of all User IDs and system-selected Passwords. Each Interested Party will be required to change his/her Password upon the first attempt to access the authorized accounts.

        The access of any Interested Party will be terminated (i) in its entirety, as a result of the failure of the Interested Party to consent to the then current version of this Agreement or an Information Provider Agreement; or (ii) with respect to the applicable accounts, (x) as a result of the failure of the authorizing Bank customer to consent to the then current version of this Agreement or an Information Provider Agreement, or (y) the Bank customer revoking or limiting the access of the Interested Party. We assume no responsibility to discover, audit or report to you any possible breach of security by your agents or Interested Parties, or unauthorized disclosure or use of your Interested Party(ies) User IDs or Passwords. In the event that you suspect any compromises of security (whether or not involving your employees, agents, or Interested Parties), you shall promptly notify us by calling us at PNC Wealth Insight Support at 1-877-491-0775 or PNC Total Insight Customer Care at 1-855-762-8448.

        You hereby authorize and direct the Bank to provide to your Interested Party(ies) the personal financial information about you contained in the account information and any other information on the site your Interested Party(ies) will be authorized by you to access.

      6. Securities Are Not Insured

        The securities and financial instruments and products described in the Site (with the exception of insured bank deposits), including mutual funds (whether or not managed by the Bank or any of its affiliates), are not deposits in, obligations of or guaranteed by any bank, nor are they insured by the FDIC. All such securities, instruments and products are subject to investment risk, including the possible loss of principal.

    18. PNC Mobile Banking
      1. Introduction

        This Paragraph provides additional information concerning the use of PNC's Mobile Banking Services. If there is a conflict between this section and other portions of the Online Banking Services Agreement, this section will control. PNC is offering its Mobile Banking service("Service") to all of its retail and small business customers having access to PNC Online Banking and using compatible data-enabled equipment such as; a cellular phone or other recognized mobile device ("Eligible Mobile Device"). When a customer enrolls in PNC Mobile Banking they will be able to obtain account information and make various selected transactions using an Eligible Mobile Device. PNC Mobile Banking consists of three separate services, one or more which can be selected by you:

        1. Downloadable Application: an application that gets downloaded to your cell phone, or mobile device. This application, provided by a third party service provider, runs on your mobile device and allows you to sign on to the Service using a mobile device and to access and interact with your eligible PNC Bank accounts. Currently, this service will allow you to view account balances, pay bills to pre-established billers and make certain internal transfers of funds.
        2. Text Message Alerts: enables you to have text message (also known as/ "short message service") versions of selected PNC Alerts delivered to your cell phone or mobile device as a text Message concerning your eligible accounts.
        3. Text Message Banking: provides the ability to send certain text message commands to PNCBNK (762265) to obtain account balances or view account activity history concerning your eligible accounts.

      2. Eligible Mobile Devices

        The list of recognized Eligible Mobile Devices is published at PNC.com and is subject to change without notice. The identification of a cellular phone or other device as a recognized Eligible Mobile Device for use with the Service does not constitute a recommendation, endorsement or any representation or warranty of any kind by PNC regarding the performance or operation of such device. The selection of an Eligible Mobile Device is your sole responsibility and all issues relating to the operation, performance and costs associated with such device are between you and your wireless telecommunications provider.

      3. Registration

        You must first register for PNC Mobile Banking and select requested services by signing onto PNC Online Banking at www.pnc.com using a personal computer and not from your mobile device. You agree to provide true, accurate, current and complete information as requested in registering for the service. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the service. You agree not to use any personally identifiable information when providing shortcuts or creating nicknames for your eligible accounts.

      4. Software Usage

        You agree that your use of the PNC Mobile Banking service and all related software ("Software") provided to you by PNC Bank (PNC), will be limited solely to access and use of the Service and agree not to decompile or reverse engineer or otherwise alter the Software in any way. PNC uses a third-party ("Licensor") that is not affiliated with PNC to provide certain licensed Software to support the PNC Mobile Banking service.

      5. Fees

        PNC does not currently charge a fee for using the PNC Mobile Banking service. However, your wireless telecommunications provider for your Eligible Mobile Device may impose extra fees in order to make such device data-capable and to exchange data between the Eligible Mobile Device and the Service. Further, if you subscribe to the Text Message Banking and Alerts service, standard text messaging (also referred to as SMS messaging) fees from your wireless telecommunications provider may apply. Please check with your wireless telecommunications provider before subscribing to the Service.

      6. Lost Phone Policy; Limited Liability; Interruption of Service

        In the event your enrolled mobile or cellular device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such devices. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.

        PNC provides its PNC Mobile Banking service "AS IS" and "AS AVAILABLE" and without warranty or guarantee. You acknowledge and agree that from time to time, the service may be delayed, interrupted or disrupted periodically for an indeterminate amount of time due to circumstances beyond PNC's reasonable control including, but not limited to, any inaccuracy, interruption or delay in transmission by the telecommunications carrier used in conjunction with the Eligible Mobile Device you use to access the service, or any interruption, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions or other reasons. PNC, its affiliates or a Licensor shall not be liable for any claim arising from or related to the PNC Mobile Banking service caused by or arising out of any such delay, interruption, disruption or similar failure. In no event will PNC or any affiliate, third party service providers or Licensor be liable for indirect, consequential or special damages, including lost profits, arising from your use of the PNC Mobile Banking service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.

      7. Other

        Please refer to other sections in this Online Banking Services Agreement for important information and terms and conditions concerning the use of the Mobile Banking service. Such other sections include, but are not limited to, Consumer's Liability for Unauthorized Transfers; Terms and Conditions for Transfer Funds Service; and Online Bill Pay Service. Further, please refer to the PNC Mobile Banking Frequently Asked Questions (FAQs) and Help resource sections of Online Banking and www.pnc.com for more information and details concerning the Service or you may contact a PNC Bank representative at:
        1-888-PNC-BANK (1-888-762-2265)
        Monday - Friday: 7 a.m. - 10 p.m. ET
        Saturday & Sunday: 8 a.m. - 5 p.m. ET.
        The third party service provider for the SMS feature of PNC Mobile Banking is ClairMail, Inc. and the third party for the downloaded application feature of PNC Mobile Banking is mFoundry, Inc.

    19. Online Payroll Service
    20. We are pleased to offer online payroll processing services (the "Service"), if you are an eligible PNC Bank business checking account customer and have enrolled in the Service. PayCycle, Inc. ("PayCycle") has been contracted to provide you with this Service. In this Paragraph N ("Paragraph"), "you" refers to the employer who is using the Service, "we" refers to PNC, and the "Website" refers to the PNC-branded site where the Service is provided. This Paragraph includes related content on the Website, such as the introductory and sign-up pages, which are incorporated by this reference. PNC may decline to initiate the Service for you or any of your employees or contractors in our sole discretion. This Service is also subject to the terms and conditions of this Online Banking Services Agreement ("Agreement"). If there are any conflicts between this paragraph and the Online Banking Services Agreement, the provisions of this paragraph shall control.

      1. Permitted Uses and Restrictions on Use

        The Service may only be used for its intended purpose of calculating payroll and its associated liabilities for your business and making related payroll and tax payments or tax filings electronically (if you elect electronic payment or filing options). The Service also may be used for preparing and filing federal Form 1099-MISC for contractors, if you choose. You may not use the Service on a professional basis for anyone other than you. Notwithstanding anything in this Paragraph, PNC has no responsibility or liability for damages or claims relating to any use of the Service other than as described above. The Service does not include calculation of deductions or taxes other than those that apply only to payroll, nor does it include backup withholding on payments to contractors, nor does it include calculation or reporting of penalties or interest on delinquent tax payments.

        You are responsible for maintaining the confidentiality of your User ID and password. You are responsible for all actions taken on the Website by someone duly logged into your account, whether or not authorized by you. You agree that any access to your payroll account by means of a User ID and password has the same effect as your written signature authorizing electronic payments, filings and other actions on the Website. You may change your user ID and password at any time by following the procedure on the Web site, and we recommend that you do so from time to time. Any unauthorized payroll-related transactions should be reported immediately to PNC at:
        1-877-BUS-BNKG (1-877-287-2654)
        Monday - Friday: 7 a.m. - 10 p.m. ET
        Saturday & Sunday: 8 a.m. - 5 p.m. ET.
        You represent and warrant to PNC that you are authorized to use the Service on behalf of the business identified in your account (including authorization to pay monthly service fees and to make electronic payments or filings on behalf of the business, if applicable) and to make on behalf of the business the representations and commitments required of the business by this Paragrapgh and the Website.

        The Service does not include obtaining your access to the Internet for connecting to the Service. You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Service (e.g., the public telephone computer networks and the Internet) or to transmit information to the taxing authorities can be unpredictable and may, from time to time, interfere with or prevent access to the Service or its operation. PNC is not in any way responsible for any such interference with or prevention of your use of or access to the Service. When the Internet is not available, you must contact customer support by telephone or by other means for instructions on how to calculate paychecks for your employees and make tax payments and filings.

      2. Fees

        PNC will charge the credit card or other payment method you designate on the Website for PNC's posted fees for the Service. PNC will also charge you for any sales, use or other taxes applicable to the Service. PNC charges additional fees for exceptions processing, setup and other special services, as posted on the Website. PNC may change the schedule of fees or the terms of this Agreement from time to time PNC will post the revised fees and/or modifications to this paragraph on the Website. You will be notified of any change in monthly fees at least 30 days in advance of the effective date. If a fee increase or change to this Agreement is not acceptable, you may cancel the Service as provided below prior to the time when it takes effect. Continuing to use the Service constitutes your agreement to all changes.

        If PNC cannot collect its fees due to credit limits on your credit card or any other reason, or if you sign up for electronic payment options and PNC cannot collect amounts due because of insufficient funds in your account or any other reason, you must pay the amount due immediately upon demand, plus PNC's exceptions processing fees, plus any bank fees or charges for return items, plus interest at the lesser of 18% annually or the maximum allowed by law, plus attorney's fees and other costs of collection as allowed by law. In addition, we may terminate this Agreement, discontinue the Service (either entirely, or only with respect to electronic payment options, in our sole discretion) and avail ourselves of any other available remedy, including debiting your bank account for our fees even if you elected to pay them by credit card. We may make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

      3. Customer Support

        PNC provides customer support to help you set up your payroll correctly and run your payroll successfully. Free telephone support is limited to one hour per year. Additional telephone support is available for an additional charge. PNC provides free customer support by email, and always provides free support if the Service does not perform correctly.

      4. Direct Deposit and Electronic Tax Payment Options

        You may request direct deposit of your employees' or contractors' paychecks or electronic payment of your federal payroll taxes or, in some states, electronic payment of your state payroll taxes. Direct deposit and electronic tax payment options facilitate regular and typical payroll, contractor, and payroll tax payments. We reserve the right to delay or decline processing direct deposit and electronic tax payment transactions (i) that significantly differ, in our sole opinion, from your typical payment activity or volume of payment transactions, (ii) for which sufficient funds are not available in your account, (iii) that are otherwise in violation of this Agreement or the ACH rules (described below), or (iv) that, in our sole opinion, may pose a risk of loss to us.

        To use these options, you must input all required payroll information on our Website before the cutoff time specified for the payment date you choose. We may request and rely on information from you or other sources in order to verify your identity, the authorization of your instructions, and your creditworthiness. Subject to our right to require such verification, we will debit your account for amounts payable after the cutoff time. After that, no interest will accrue to you. Typically, we will send payment transactions through the Automated Clearing House (the "ACH") Network. You hereby authorize PayCycle, the ACH Originator, to debit your bank account in order to pay monthly payroll service fees and exceptions fees as set forth on the Website and to credit your account to reverse any errors. This authorization will remain in effect until you cancel it in writing and in time to afford PayCycle a reasonable opportunity to act on it. You agree that your payment transactions will be governed by the ACH rules as in effect from time to time and that you will not initiate entries that violate the laws of the United States. You can learn more about the ACH at www.nacha.org. (NACHA - The Electronic Payments, Association, develops operating rules and business practices for the ACH Network and for other areas of electronic payments.) You warrant to PayCycle everything that PayCycle must warrant as an ACH Originator, and you accept any liability you, PNC or PayCycle may incur which is caused by your payment transactions.

        You agree that we may request, obtain and use credit reports and other information about you from third party sources.

      5. Limited Warranty

        PNC warrants to you the accuracy of payroll tax calculations on each pay stub and tax filing prepared using the Service, subject to the following terms and conditions. As your sole and exclusive remedy and PNC's sole and exclusive liability for breach of the foregoing warranty, PNC will pay all government penalties and interest assessed against you due solely to calculation errors made by the Service. This warranty does not apply to any assessments, penalties or interest resulting from, among other things, your use of the Service to process payroll data for which it is not appropriate (as described on the "Who Should Use" page), your failure to make and record payroll, tax payments and filings in the manner and on the schedule recommended by PNC, your failure to enter on PNC's Website timely and accurate compensation information for your employees, your use of the Service to prepare pay stubs, tax payments or tax filings based in whole or in part on payroll or tax payment information that you calculated or input incorrectly, or your failure to file an amended return or make an additional payment to avoid or reduce your penalty or interest after you have received notice from the government or PNC that you should do so. PNC will endeavor to post on its Website notices of corrections and updates to the Service and to notify you according to the contact information that you provide on the Website, which you agree to update promptly with all changes.

        In general, PNC calculates your payroll taxes based on the assumption that the wages you pay to employees (but not payments you make to contractors) are subject to all payroll taxes applicable to your geographical area. For example, PNC assumes that you are subject to federal unemployment tax, although you may not be if you did not pay wages of at least $1,500 in at least one calendar quarter this year or last year. PNC guides you to make tax payments in full when due, although some tax agencies do not assess penalties for small payment shortfalls that are made up by the end of a reporting period. In some cases, you can customize the Service for situations such as those described above. In other cases, you may have to make adjustments outside the Service in order to take advantage of certain payroll tax exemptions. PNC does not warrant that the Service will minimize your payroll taxes automatically.

        If you believe you are entitled to payment under this warranty, you must notify PNC customer support as directed on the Website as soon as you learn of the mistake (and in no event later than 30 days after the assessment is made). You must include a copy of the government notice. By claiming payment, you authorize PNC to obtain and review any data files that may be in PNC's possession or control in order to evaluate your claim. You remain responsible for paying any additional tax liability you may owe and providing assistance and additional information as reasonably requested by PNC. This warranty is for your benefit only and is not transferable, and will be null and void if you breach any terms or conditions of this Agreement.

        Except as expressly provided above, the Service is provided "as-is" and, to the maximum extent permitted by applicable law, PNC and its licensors, distributors, advertisers, dealers and suppliers disclaim all other warranties, express or implied regarding the Service and its related materials, including their fitness for a particular purpose, their quality, their merchantability, or their non-infringement. PNC does not warrant that the Service is completely secure or is free from bugs, interruptions, errors, or other program limitations. PNC does not warrant that its Website, or the server that makes it available, is free of viruses or other harmful components. You (and not PNC) assume the entire cost of all necessary servicing, repair, or correction of problems caused by viruses or other harmful components. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 60 days from the date of purchase of the Service. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.

      6. Limitation of Liability

        Except to the extent of the limited warranty described above, the entire liability of PNC and its licensors, distributors, advertisers, dealers or suppliers for any reason shall be limited to the aggregate amount of service fees paid by you to PNC during the twelve (12) months immediately preceding the date on which the claim accrued. To the maximum extent permitted by applicable law, PNC and its licensors, distributors, advertisers, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, less of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if such person has been advised of the possibility of such damages and even if a remedy set forth in this Paragraph is found to have failed of its essential purpose. PNC and its agents, licensors, distributors, advertisers, dealers and suppliers are not liable for any loss, erasure or corruption of or unauthorized access to any data or other information transmitted, processed or stored via the Service. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

        The limitations of damages and liability set forth in this Paragraph are fundamental elements of the basis of the bargain between PNC and you. You acknowledge and agree that PNC would not be able to provide the Service on an economic basis without such limitations.

      7. Termination

        Either you or PNC may terminate this Agreement (either entirely, or only with respect to direct deposit or electronic tax payment options) for any reason or no reason by giving notice in accordance with the information then on the Website, effective immediately. Reasons why PNC may terminate this Agreement include, without limitation: (1) you fail to provide and update credit card information that enables PNC to collect its fees; (2) any information you give us is false, misleading or incomplete; or (3) you engage in conduct which, in PNC's judgment, interferes with the operation or use of the Service (e.g., excessive use of the Service which disrupts the use of the Service by other users).

        Upon termination, you will pay all outstanding amounts owed to PNC. Service fees paid to PNC are not refundable upon termination. The "Limited Warranty," "Limitation of Liability" and "Governing Law; Dispute Resolution" sections of this Agreement survive termination.

      8. Governing Law; Dispute Resolution

        This Paragraph will be subject to and construed in accordance with the laws of the State of California and jurisdiction shall rest with applicable California courts. The parties agree and hereby irrevocably submit any suit, action or proceeding arising out of or related to this Paragraph or any of the transactions contemplated by this Paragraph to the jurisdiction and venue of the United States District Court for the Northern District of California or the jurisdiction and venue of any court located in Santa Clara County, California and waive any and all objections to jurisdiction and venue, unless the parties mediate or arbitrate their dispute as provided below. No action arising under or in connection with this Paragraph, regardless of form, may be brought more than one (1) year after the cause of action accrued. The parties hereby agree to opt-out of any application of the Uniform Computer Information Transactions Act (UCITA), or any version thereof, adopted by any state.

      9. Miscellaneous

        This Paragraph, including related content on the Website, such as the introductory and sign-up pages, which are incorporated by this reference, sets forth PNC's entire liability and your exclusive remedy with respect to the Service, and is a complete statement of the agreement between you and PNC. PNC's employees are not authorized to make modifications to this Agreement, or to make any additional representations, commitments or warranties binding on PNC, except in a writing signed by an authorized officer of PNC.

        If any term, warranty, condition or provision of this Paragraph is found by a court of competent jurisdiction to be invalid or unenforceable, such term, warranty, or provision will be struck from this Paragraph, and the balance of the Paragraph will remain in full force and effect. Failure by either party to exercise any right to require performance under this Paragraph will not be construed as a waiver of any subsequent right to require performance or to claim of breach of contract. Except as otherwise provided herein, the rights and remedies provided for in this Paragraph are not exclusive, and both you and PNC retain all rights and remedies now or hereafter provided by law in addition to those provided for in this Paragraph. If any court, mediation or arbitration action is brought by either PNC or you to enforce any provision of this Paragraph, the prevailing party in such action will be entitled to recover both attorneys' fees and costs from the other party. If the parties agree to settle their claims against each other, each party will be responsible for its own attorneys' fees and costs.

    21. Bill Pay Quick Switch Service
    22. With PNC Bill Pay Quick Switch, you may migrate online bill payees from your bill payment account at a supported financial institution to PNC Bank [the "Service"]. By using PNC Bill Pay Quick Switch, you can conveniently copy into PNC's Online Bill Payment those you are paying, their addresses and the account number by selecting your old bank from the list provided, entering in your log-on credentials for your old bank, and selecting which payees you want to copy over to PNC. After the information is transferred over, you will then verify the details, make any necessary changes then confirm.

      Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

      Proprietary Rights. You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.

      Content You Provide. You are licensing to Company and its Service providers, including Yodlee, Inc. ("Yodlee"), any information, data, passwords, materials or other content (collectively, "Content") you provide through or to the Service. Company and Yodlee may use, modify, display, distribute and create new material using such Content to provide the Service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Company and Yodlee may use the Content for the purposes set out above. As between Company and Yodlee, Company owns your confidential account information.

      Third Party Accounts. By using the Service, you authorize Company and Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by you (including information concerning individuals and entities that you have set up to receive payments from you ("payees") and payments you have made to such payees); to copy or transfer such payee and payment information to PNC's Online Bill Payment, subject to your review and confirmation of the accuracy of payee and payment information; and to register for accounts requested by you. For all purposes hereof, you hereby grant Company and Yodlee a limited power of attorney, and you hereby appoint Company and Yodlee 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 third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, COMPANY AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service.

      DISCLAlMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
      YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND YODLEE EXPRESSLY DISCLAlM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR lMPLIED, INCLUDING, BUT NOT LIMITED TO THE lMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

      COMPANY AND YODLEE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TlMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAYBE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

      ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR YODLEE THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

      LlMITATION OF LIABILITY. YOU AGREE THAT NEITHER COMPANY OR YODLEE NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LlMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.

      Indemnification. You agree to protect and fully compensate Company and Yodlee and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

      You agree that Yodlee is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Yodlee were a party to this Agreement.

    23. Overdraft Protection Agreement

      Overdraft Protection: This Agreement provides the terms and conditions of the PNC Bank Overdraft Protection service. Please read this Agreement and keep it with your important account information.

      1. I/we, have designated certain of my/our account(s) as PROTECTING ACCOUNT(S) for the purpose of adding overdraft protection service*, and have authorized PNC Bank to apply this service to my/our designated PROTECTED ACCOUNT. If PNC has determined that sufficient funds are not available in the PROTECTED ACCOUNT to cover account withdrawals, PNC Bank will automatically transfer funds or credit from the PROTECTING ACCOUNT(S) as follows:
        1. If there are sufficient funds to cover some but not all of my/our overdrafts, PNC Bank will exercise its discretion (i) in paying some but not all of the items and (ii) to pay items drawn on the PROTECTED ACCOUNT in any order convenient to PNC Bank. In exercising its discretion to pay in any order, PNC Bank does not necessarily process items in the order in which it receives them. PNC Bank's general practice is to post withdrawals from my/our account in order of largest-to-smallest dollar item; in other words, beginning with the largest dollar item, then the next-largest dollar item, and so on until PNC Bank reaches the last, smallest-dollar item. This order of payment may affect the total number of items paid and/or returned and/or the amount of overdraft fees and returned item fees (NSF) charged. For example, if PNC Bank pays the largest dollar check first, this largest item may exhaust my/our PROTECTED or PROTECTING ACCOUNT(S), and I/we may incur returned item fee (NSF) and/or overdraft item fee charges for each subsequent smaller dollar check that causes an overdraft or returned item. Such overdraft fees and/or returned item fees, in some circumstances, may have been avoided if the smaller dollar checks or overdrafts were paid first, and the funds in the PROTECTED or PROTECTING ACCOUNT(S) were not exhausted until the largest dollar check was processed.
        2. At such time or times that PNC Bank determines that the PROTECTED ACCOUNT has insufficient funds, PNC Bank will transfer to the PROTECTED ACCOUNT an amount sufficient to pay all items creating the insufficient balance together with any applicable PNC Bank fees, first from funds or credit available in the first designated PROTECTING ACCOUNT, and, if an overdraft still exists, from funds or credit available in the second PROTECTING ACCOUNT, if a second PROTECTING ACCOUNT has been designated. If the PROTECTING ACCOUNT is a line of credit or credit card account, the amount transferred will be rounded upward to the next whole dollar.
        3. If the PROTECTING ACCOUNT is a deposit account, PNC Bank will transfer the exact amount of the overdraft, plus applicable fees, from the PROTECTING ACCOUNT. If the PROTECTING ACCOUNT is a line of credit or credit card, PNC Bank will not make any automatic transfer in amounts less than $50.00.
        4. This is not an extension of credit and PNC Bank shall not be obligated to transfer funds to the PROTECTED ACCOUNT if such a transfer will exceed the funds or credit available in the PROTECTING ACCOUNT(S), as designated and determined by the agreement(s) which governs the PROTECTING ACCOUNTS.
        5. Balances from all types of PROTECTING ACCOUNTS are available for nightly processing of items, for transactions processed by branch tellers, and for point of sale or ATM online authorizations.
        6. I/we may from time to time contact PNC Bank to request a modification of this agreement by adding or substituting a different account as PROTECTING ACCOUNT 1 or 2. PNC Bank reserves the right to accept such modification of this Agreement or to require that a new Agreement be executed.
      2. I/we understand that if any PROTECTING ACCOUNT is a line of credit or credit card account, any transfers that are made from such an account for purposes of overdraft protection will be subject to the terms of the line of credit agreement or credit card agreement, as applicable, including all rules, fees and other disclosures made with the agreement as well as any applicable fees set forth in PNC Bank's Consumer Schedule of Service Charges and Fees or the Business Checking Accounts and Related Charges. Any items from the PROTECTED ACCOUNT, which are returned, will be subject to PNC Bank's regular returned item fee (NSF) charge. If the PROTECTING ACCOUNT is a credit card account, this credit card may be a PNC branded card issued by a third party card issuer, and I authorize PNC Bank and such issuer to share information necessary to process my overdraft protection transactions and administer this overdraft service. I authorize PNC Bank to update the credit card account number for my PROTECTING ACCOUNT if such issuer provides PNC Bank with a new credit card account number for me/us.
      3. I/we understand that if any PROTECTING ACCOUNT is a checking, savings or money market deposit account, any transfers that are made from such an account for purposes of overdraft protection will be subject to the terms of the applicable Account Agreements for Personal Checking, Savings and Money Market Accounts or Account Agreement for Business Accounts, and PNC Bank's Consumer Schedule of Service Charges and Fees or the Business Checking Accounts and Related Charges as applicable, together with any other disclosures provided in connection with the account. I/we understand that transfers made from any checking, savings or money market deposit account will count towards any applicable transaction limitations set forth in the Account Agreement for Personal Checking, Savings and Money Market Account or Account Agreement for Business Accounts, including limitations on preauthorized transfers which are limited by federal regulations to preauthorized transfers (including telephone and automatic transfers) each statement period. Any items from the PROTECTED ACCOUNT, which are returned, will be subject to PNC Bank's regular returned item fee (NSF) charge.
      4. This authorization may be modified and/or terminated at any time by PNC Bank upon notice to me/us and I/we understand that it will terminate automatically without notice if all PROTECTING ACCOUNTS are closed. If any PROTECTING ACCOUNT is a Home Equity Line of Credit account, then this authorization with respect to such account may not be terminated by PNC Bank except in accordance with my/our Home Equity Line of Credit account agreement.

      *Some accounts are not eligible to be linked as overdraft protection based on titling, product requirements or system constraints

  7. HOW TO CONTACT US
    1. Consumers:

      Call us at 1-888-PNC-BANK

    2. Business Customers:

      Call us at 1-877-287-2654

    3. All customers:

      For TT access, contact us at 1-800-531-1648; or, write to us at:

      1. General Inquiries:

        PNC Bank, National Association
        Online Banking Services
        P7-PFSC-04-J
        P.O. Box 600
        Pittsburgh, PA 15230-9430

        PNC Bank, National Association
        TT: 1-800-531-1648
        Equal Housing Lender
        www.pnc.com
        1-888-PNC-BANK

      2. Payment Disputes:

        PNC Bank, National Association
        Reg E Dispute Services
        P7-PFSC-04-D
        500 First Avenue
        Pittsburgh, PA 15219-3129

        Quicken® and QuickBooks® are registered trademarks of Intuit.

        PNC is a registered mark of The PNC Financial Services Group, Inc.\© 2009 All rights reserved.

        Bank deposit products and services provided by PNC Bank, N.A. Member FDIC.

        PNC Bank, National Association
        TT: 1-800-531-1648
        Equal Housing Lender
        www.pnc.com
        1-888-PNC-BANK