The following governs the use of Accunet, the online account information service provided by Bank. By using Accunet to view your Account, you agree to all of the following terms and conditions.

Definitions. As used herein, “account” and “accounts” mean The First National Bank in Sioux Falls Wealth Management account(s) tied to your access identification number used through Accunet. “You,” “your,” and “yours” mean the person(s) using Accunet. “We,” “our,” and “the Wealth Management Department” mean The First National Bank in Sioux Falls.

Required Equipment. In order to use Accunet, you need a computer (including the related equipment) with a web browser, an access identification number, and a password or personal identification number or “Password” or “PIN.” The access identification number is assigned to you by Bank. It, along with your Password or PIN, is used to access your account(s) through Accunet. You are responsible for the installation, maintenance, and operation of your computer, browser, and software. The Bank is not responsible for any errors or failures from any malfunction of your computer, browser, or software. Bank is also not responsible for any computer virus or related problems that may be associated with the use of any online system.

Accunet Service. Accunet allows you to obtain account balances and other information about your Wealth Management Department account(s). To use Accunet, you must have at least one Wealth Management Department account. Through Accunet, you will have access to any of your Wealth Management Department account(s). Bank reserves the right to deny access to an account under certain circumstances. The information available via Accunet is delayed by at least one business day, and therefore, may not accurately represent current conditions within the account being accessed. You should contact the Wealth Management Department at the telephone number provided below during normal business hours if you need up-to-the-minute information. The Bank’s business hours are Monday through Friday from 8:00 a.m. to 4:30 p.m. Central Time, except holidays on which the Bank is closed. Access to Accunet is available twenty-four (24) hours a day, seven (7) days a week, except during maintenance periods.

Unlawful or Unauthorized Use. You may not use Accuent for any unlawful or unauthorized purpose whatsoever. You will adhere to all applicable laws and regulations which apply to service relationships of this nature and specifically agree that you will not attempt to utilize Accunet to access the account of another person.

Password or PIN Use and Security. Use of your unique Password or PIN is required to access Accunet. You acknowledge that your Password or PIN is unique and must be kept private and confidential to protect the security of your account(s). You agree not to give or make available your Password or PIN to any unauthorized individual. If you believe your Password or PIN has been lost or stolen, someone has attempted to use Accunet without your consent, or your account(s) have been accessed, you must notify the Wealth Management Department immediately at the contact information provided below. If you lose or forget your Password or PIN, contact the Wealth Management Department immediately to assist you in regaining access to your account(s). In order to allow for a high degree of confidentiality and security, the Bank recommends the use of browsers that provide encryption using a 128-bit key. The higher the level of encryption, the harder it is for unauthorized people to read information. Commercial “off-the-shelf” browsers typically support 40-bit encryption. Many browser suppliers, however, offer special 128-bit encryption version available for download from their respective websites. Bank recommends that customers protect their valuable financial information by using the most secure encryption possible.

Liability of Bank. Bank will use its best efforts to make Accunet available. However, the Bank shall incur no liability if it is unable to provide Accunet to you for any reason, including but not limited to, any of the following circumstances:

• You have not provided Bank with sufficient information to access Accunet;
• Your computer, internet service provider, browser, or Accunet was not working properly; or
• Circumstances beyond the control of the Bank, such as power outages, internet failures, fire, flood, or other interference from an outside force that prevent proper access.

You agree that your exclusive remedy and the cumulative liability of the Bank for any and all claims relating to Accunet services provided by the Bank, in contract, tort, or otherwise, shall not exceed the total amount of any services fees paid to Bank for Accunet services. In no event shall Bank 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 use of Accunet.

Exclusions of Warranties. You understand that internet communications utilizing public access facilities may not be secure and that such communications may be subject to interception, loss, or distortion. Bank makes no warranties of any kind, whether express, implied, or statutory, concerning the confidentiality and accuracy of the data or information available through the Accunet service. Consequently, you acknowledge that the use of the Accunet service, and the inherit possibilities of inaccuracy or disclosure of the data or information accessed through Accunet, will be solely at your risk. Accunet and related documentation are provided “as is” without warranty of any particular kind, either express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

Concurrent Agreements. The terms and conditions contained herein are supplements to and do not supersede any trust, investment agency, or any other agreements you have with Bank.

Alterations and Amendments. The terms and conditions contained herein may be amended by the Bank from time to time, including the addition of fees and service charges. In such event, Bank shall notify you of any alterations or amendments to these terms and conditions, in place of any prior versions, via email, direct mail, or other medium deemed appropriate by Bank. Your continued use of Accunet service after the Bank provides you with such notice of change will constitute your agreement to such change(s).

Termination or Discontinuation. Bank reserves the right to terminate or discontinue Accunet and these terms and conditions at any time. You may terminate these terms and conditions upon thirty (30) days written notice to the Bank at the address provided below. Neither termination nor discontinuation shall affect your liability or obligations under these terms and conditions.

Disputes. In the event of a dispute regarding Accunet, you and Bank agree to resolve the dispute by looking to these terms and conditions. If there is a conflict between these terms and conditions and some other writing or statement relating specifically to the subject matter of these terms and conditions, the terms and conditions contained herein shall control.

Assignment. You may not assign your rights and obligations under these terms and conditions to any other party. Bank may assign its rights and obligations under these terms and conditions to any present or future, directly or indirectly, affiliated company. Bank may also assign or delegate certain of its rights and responsibilities under these terms and conditions to independent contractors or other third parties.

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

Notice to Bank. If you need assistance with Accunet, or if you need to communicate with the Bank, contact the Wealth Management Department via direct mail or telephone as provided below. Our representatives will attempt to resolve any problems or answer any questions you may have regarding Accunet or your Wealth Management account(s).