Consumer Internet Banking Service Agreement with Electronic Funds Transfer Act Disclosure

Thank you for choosing to use Internet Banking. This Consumer Internet Banking Service Agreement with Electronic Funds Transfer Act disclosure (the "Agreement") details your responsibilities as a user of Internet Banking services and other information of interest to you. You may not enroll for Internet Banking services ("Internet Banking") without consenting to the terms of this agreement. In this agreement the following words have the definitions listed below:

• "Account" and/or "Accounts" means your deposit accounts at Ameris Bank (including your checking, savings, NOW, and Money Market accounts), your loan accounts, and other of your bank accounts accessed using Internet Banking.
• "You" or "your" refers to the person(s) subscribing to or using Internet Banking.
• "We", "Bank", "us" or "our" refers to Ameris Bank and any agent, designee, or assignee Bank may, in its sole discretion, involve in the provision of Internet Banking.
• Internet Banking functions. You agree to use your User ID and Password to perform the Services which are described below and in subsequent sections of this Agreement:
• To transfer funds between your designated consumer checking, savings, and Money Market Accounts at Bank.
• To transfer funds from any deposit account enrolled in Internet Banking to your designated loan or other credit account(s) at bank.
• To receive balance, activity, statements and certain other information on selected Accounts owned by you.
• To search, sort, or filter account history.
• To communicate with Bank via secure e-mail (Message Center) for the purpose of Account inquiries, maintenance and/or problem resolution issues, and to request information on certain Bank products and/or services.
• To set User-defined alerts on accounts based on preset parameters including but not limited to minimum or maximum balance thresholds, specific check clearing or upcoming CD maturity. Alerts will be posted to your secure Message Center or you may also select to have alerts sent to your external e-mail address.
• To stop payment on a check or a range of checks. Stop payments may be requested on-line for checks. To stop payment on a Preauthorized Payment, see section 9. We will charge you for each stop payment order you give. Please see your account fee schedule for the stop payment amount.
• Computer Requirements. In order to use Internet Banking, you must have the following: personal computer (PC) or Macintosh computer with a secure Web Browser with 128 bit encryption and Java Script enabled and Internet access through an Internet Service Provider (ISP). We support most current commercially accepted browser versions supplied by Microsoft Internet Explorer, Netscape, and AOL. Bank may upgrade service provided from time to time. Should any of these upgrades impair your ability to use Internet Banking, you have the option of withdrawing from Internet Banking.
• Password. During on-line enrollment you will enter a Password that you will use to obtain secure access to Internet Banking. You will be required to change your Password every 90 days for your protection. You authorize us to follow any instructions you or your authorized agent enters through Internet Banking using your Password. Because your Password can be used to access your Account information and to transfer money, you should treat your Password with the same degree of care and secrecy that you use to protect your automated teller machine (ATM) card, personal identification number (PIN) or other sensitive personal financial data. You agree not to give your Password, or make it available, to any person not authorized to access your Accounts. No Bank employee or company affiliated with Bank will contact you to request your Service password. If you are contacted by anyone requesting your Password please contact us immediately.
• Accounts Linked to Internet Banking. When you enroll for Internet Banking we will link all of your eligible accounts. If you want to limit the accounts linked or the activity level assigned to the accounts, please call us or come to the bank. The terms and conditions of your respective Account agreement(s) with us will also govern your Account relationship(s) with us.
• Balance Inquiries and Transfers. You may use Internet Banking to check the balance of your Accounts and to transfer funds among your designated Accounts. You must first sign on to Internet Banking using your Password to obtain Internet access to Bank. Transfers between accounts at Bank may be scheduled for 1) immediate transfer, 2) single scheduled future date, or 3) automatic recurrence on a scheduled date. Account balances will be current as of the date and time you sign on to Internet Banking. The balance shown may include deposits still subject to verification by us. The balance shown also may differ from your records because it may not include deposits in progress, check card authorizations, outstanding checks, or other withdrawals, payments or charges. Funds transfers will be made available in accordance with Bank's policy (see Bank's Funds Availability Disclosure). If there are insufficient funds in an Account from which you are requesting a funds transfer, the transfer will not be performed.
• Limitation on Frequency of Transfers. Transfers from savings or money market accounts to third parties by preauthorized or automatic withdrawals or telephonic agreements or via the Internet or transfers to another account at the same bank or to a third party are limited to six per statement cycle. An excessive transaction fee of $5 will be assessed for each debit (withdrawal, transfer, check) in excess of six per statement cycle.
• Financial Institution's Liability. We will process and complete all transfers properly initiated through Internet Banking in accordance with the terms of this Agreement. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
• Through no fault of ours, you do not have enough money in your Account to make the transfer.
• If the transfer would go over the credit limit on your overdraft line.
• If the Internet connection was not working properly and you knew about the breakdown when you started the transfer.
• If circumstances beyond our control (such as fire, flood, or delay in U.S. Mail) prevent the transfer, despite reasonable precautions we have taken.
• The Service or your PC or modem is not working properly and you knew about the malfunction when you started the transfer.
• There may be other exceptions stated in our agreement with you.
• Documentation. All of your payments and funds transfers made through Internet Banking will appear on your periodic Account statement(s). The transaction type, payment amount, and transaction date will be reflected for each payment made through Internet Banking. Additional documentation:
• Preauthorized Credits - if you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you may call us at the number shown below or use Internet Banking to find out whether or not the deposit has been made.
• Periodic Statements
• You will receive a monthly checking and money market account statement from us.
• You will receive a monthly savings account statement from us unless there are no transfers in a particular month. In any case, you will receive the statement at least quarterly.
• Preauthorized Payments
• Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how: Call us at the number shown below or write us at the address shown below, in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you for each stop payment order you give. Please see your account fee schedule for the stop payment amount.
• Notice of varying amounts. If these regular payments vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be and how much it will be.
• Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
• Use of External E-mail Address. An external E-mail address is required for Internet Banking. We will send you any account alerts you schedule to the external E-mail address you enter. Please enter E-mail address information accurately. Do not send private account information especially account number or Password through external E-mail.
• Fees. Internet Banking for consumer accounts is a free service. If you enroll in Intercheck Internet bill payment the $6.95 fee for Intercheck Service will be charged to your account after any disclosed trial period. In addition, any other fees shown in Bank's Schedule of Fees and Charges and account maintenance charges may apply including overdraft charges. Fees are reviewed periodically and are subject to change. You will be notified of any fee changes at least thirty (30) days prior to the change taking effect.
• Equipment. Except as provided herein, we are not responsible for any loss, damage or injury whatsoever resulting from:
• An interruption in your electrical power or telephone service;
• The disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality; or
• Any defect or malfunction of your PC, modem or telephone line.
• We are not responsible for any services relating to your PC other than those specified in this Agreement.
• Business Days. For purpose of these disclosures, our business days are Monday through Friday, except bank holidays. The Service is available 24 hours a day, seven days a week, except during maintenance periods.
• Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your access code has been lost or stolen. Calling us is the best way of keeping your possible losses down. You could lose all the money in your account plus your maximum overdraft line of credit. If you tell us within two business days, you can lose no more than $50 if someone used your access code without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your access code, and we can prove we could have stopped someone from using your access code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. Limitations on Liability for Visa® Check Cards: Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions that occur from your lost or stolen Visa® Check Card. This additional limit on liability does not apply to ATM transactions or to transactions using your personal identification number (PIN) which are not processed by Visa®.
• Contact Information. In the event of unauthorized transfer, or to report a stolen or lost Password, or to request information concerning electronic transactions on your account, or to notify us of a possible error on your account, call or write to:
• Ameris Bank, PO Box 3668, Moultrie, GA 31776 Phone (866) 985-2221
  Attn: Electronic Banking
• or send us a secure message using Internet Banking.
• Error Resolution. Call or write us at the number and address shown above as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
• Tell us your name and account number (if any).
• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• Tell us the dollar amount of the suspected error.
• If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
• Confidentiality. Please see Ameris Bank's Statement of Privacy Principles for details concerning our commitment to protecting your confidential, financial information.
• Termination. You may terminate your use of Internet Banking at any time by writing to us at the address listed at the bottom of this section or sending us a secure message using Internet Banking Message Center. You must notify us at least ten (10) business days prior to the date on which you wish to have your Service terminated. We may require that you put your request in writing. If you have scheduled payments with a transaction date within this ten (10) business day period, you also must separately cancel those payments. If we have not completed processing of your termination request and you have not otherwise canceled a payment, you will be responsible for payments with transaction dates during the ten (10) business days following our receipt of your written notice of termination. We may terminate your use of Internet Banking, in whole or in part, at any time without prior notice. Termination will not affect your liability or obligations under this Agreement for transactions we have processed on your behalf.
• Ameris Bank, PO Box 3668, Moultrie, GA 31776
  Attn: Electronic Banking
• Limitation of Liability. Except only as provided in section 7 hereof, or by law, we are not responsible for any loss, injury or damage, whether direct, indirect, punitive, special, general or consequential, caused by or related to Internet Banking, the use thereof, or any other matter addressed in this Agreement.
• Entire Agreement. This Agreement is the complete and exclusive agreement between you and us related to Internet Banking and supplements any other agreement or disclosure related to your Accounts. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control.
• Waivers. No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.
• Assignment. You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.
• Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state where Bank is located, without regard to conflict of laws and principles.
• Changes to this Agreement. We may change any of the terms and conditions of this Agreement at any time upon at least thirty (30) days written notice to you prior to the effective date of any change. If you do not agree to the change, you must cancel your access to Internet Banking prior to the effective date of the change.
• Order of Payment. Any payment orders made through Internet Banking may be paid in any order we determine. However, our customary practice is to make payments initiated on the same date in order of amount starting with the largest amount and ending with the smallest amount.
• Notices to You. You agree that we may provide any notice to you called for in this Agreement by either posting it to our web site, by e-mail to the e-mail address you have provided us, or by mail to the street address you provided us, as the Bank may select. Notices sent to you will be effective when mailed or sent by E-mail.
• Joint Subscribers. Where two or more persons subscribe to Internet Banking for their joint Primary Checking Account, we are entitled to rely and act upon instructions from any one such subscriber.

Consumer Internet Banking Service Agreement with Electronic Funds Transfer Act Disclosure Attachment 1: Intercheck Bill Payment service disclosure

This Attachment 1 to Internet Banking Service Agreement with Electronic Funds Transfer Act disclosures (collectively, the "Agreement") specifically governs your use of the Internet Banking Intercheck bill payment services ("Intercheck") in conjunction with the Internet Banking Service Agreement with Electronic Funds Transfer Act disclosures.

By enrolling for Intercheck or using Intercheck, you agree to the terms of this Attachment and the Internet Banking Service Agreement with Electronic Funds Transfer Act disclosures. Please read this Agreement carefully and keep a copy for your records. Intercheck is an optional feature of Internet Banking. In order to enroll for Intercheck, you must first enroll for Internet Banking. Intercheck is a service that allows you to setup single or recurring payments to businesses and individuals.

• New Intercheck enrollment and adding accounts. Once you complete the Intercheck application process the Bank will review your information. Until your application is processed you will not be able to schedule payments. If you choose to add a new account to fund payments the same process will be completed. Please allow up to 2 business days for a new Intercheck application or to add a new funding account.
• Accounts. Intercheck may be used to schedule payments from Checking, NOW, savings, and Money Market accounts. One customer may have up to 99 funding accounts. Transfers from savings or money market accounts to third parties by preauthorized or automatic withdrawals or telephonic agreements or via the Internet or transfers to another account at the same bank or to a third party are limited to six per statement cycle. An excessive transaction fee of $5 will be assessed for each debit (withdrawal, transfer, check) in excess of six per statement cycle.
• Foreign Payees not permitted. You can setup payments in U.S. dollars to individuals and businesses in the United States, including Guam, Puerto Rico, U.S. Virgin Islands, and international U.S. Military bases. Payments are not permitted to any international location not specifically listed above or in any non-U.S. currency.
• Payees permitted. Bill payments may be made to individuals, businesses, and government agencies (see section 5). Bill payments made to any entity blocked by action of the federal, state, or local government will not be processed and you will be notified. Do not use Intercheck to make payments to settle securities transactions.
• Payments to Government Agencies. Bill payments may be made to government agencies. Bank and Bank’s affiliates have limited ability to research any bill payment made to government agencies because of strict adherence to the Consumer Privacy Act. Bank specifically will not be responsible for any late fees or penalties that may be incurred for any payment scheduled via Intercheck to any government agency. We strongly discourage the use of Intercheck to make tax payments and any court-ordered payments. Under no conditions whatsoever will we be liable for any fines, late fees, or other damages resulting from your use of Intercheck to schedule a tax payment or court-ordered payment.
• Payee setup. To setup payments to a new merchant/vendor/individual ("Payee"), use the Payee Search function to find and add the payee. If the requested new payee is not already listed, select Manually Enter Payees and enter the required information. Once the new payee is entered, you can schedule payment to the new payee immediately. A maximum of 4,999 payees per customer may be setup. Be very careful when entering payee information and payee account information. We are not responsible for any late fees, finance charges, or other losses resulting from your entry of incorrect payee information or account information. From time to time payees will request use of new remittance address or electronic routing information. You are responsible for verifying that each payee is setup correctly at the time of payment. To verify payee information prior to scheduling payment, select Payee Management. In Payee summary click on the payee to view detailed information.
• Method of payment. Payments are remitted to payees by electronic methods where possible. Any remittance not made by electronic methods will be sent by paper check through the U.S. mail system. Payees who receive electronic payments are indicated on the payment scheduling screen.
• Payment processing days. Payments may be scheduled at any time and on any days including weekends and holidays, except any time in which the system is unavailable for maintenance. Payments scheduled prior to daily cutoff time Monday through Friday will be processed the same day. Daily cutoff time is 8:00 pm Central/9:00 Eastern except for payments made using Microsoft Money which have an 11:00 pm Central/12:00 midnight Eastern cutoff. Payments scheduled after processing cutoff or on a weekend or Federal Holiday will be processed on the first banking day thereafter.
• Payment lead time. "Payment date" is the day the payment will be processed by us, if scheduled prior to daily cutoff time (Section 8). Payments must be scheduled by you with enough lead time to allow processing and mail time, if necessary. Electronic payments should be scheduled for processing at least 3-6 days before payment is due and most electronic payees will post payments within 3 business days. Non-electronic (check) payments in the continental U.S. should be scheduled at least 6-10 days before payment is due, and most check payees will post payments within 6 business days. Some payees may require longer to process payments before the payment due date. Bank is not responsible for any late fees, finance charges, or other penalties if you do not allow suggested time for payment processing. Payments will be debited from the funding account within 2 banking days of payment processing.
• Payment minimum and maximum amount. Payment minimum is $.01 and payment maximum is $9,999.99.
• Payment change or stop. Payments scheduled for the current day may be cancelled or edited by you on-line without charge until processing cutoff time listed in Section 8. You may also place a stop payment by calling or coming to the bank but if you do so a stop payment fee will be assessed. If you call, we may also require that you put your request in writing and send it to us within 14 days. If you place a stop payment with us three days or more before payment is processed, we will be responsible for your losses or damages resulting from failure to stop payment.
• Payments stop after processing. Once a payment has been processed, you may call or come to Bank and request that a payment be stopped. We will attempt to stop the payment but are not responsible for any losses if we cannot stop the payment. You may be assessed a stop payment fee.
• Future Payment scheduling. A one-time future payment may be scheduled up to 364 days in advance. A recurring payment may be scheduled to repeat weekly, every two weeks, monthly, twice a month, every two months, every three months, every six months, or yearly. A recurring payment may be scheduled to occur indefinitely or with a specific end date.
• Funds availability. You authorize Bank to withdraw funds for any scheduled bill payment from the selected funding account on the processing date or within two banking days thereafter. If payment is scheduled and funds are not available in the account selected, payment may be made from an associated overdraft protection plan and applicable overdraft charges will be assessed. If balance in account and available credit under any overdraft protection plan is not sufficient to cover a scheduled payment, the account may be blocked for further bill payments and your Intercheck service may be discontinued at our option. You will be notified by E-mail or mail if an account is blocked or Intercheck service is discontinued. Any payment scheduled with insufficient funds in the funding account may be held or stopped and we will not be responsible for any late fees or finance charges resulting. We reserve the right to impose a non-sufficient funds fee on any payment that exceeds account available balance.