HINGHAM INSTITUTION FOR SAVINGS
BUSINESS ONLINE BANKING AGREEMENT

Please scroll to the bottom of this document and click "Agree" to proceed with enrollment in BusinessOnline banking.

This Agreement describes your rights and obligations as a user of Hingham Institution for Savings Online Banking Service (“Services”). It also describes the rights and obligations of Hingham Institution for Savings. Please read this Agreement carefully. By requesting and using these Services, you agree to comply with the terms and conditions of this Agreement.

SECTION 1. DEFINITIONS The following definitions apply in this Agreement. “Account” means a business checking, savings, certificate of deposit, or business money market deposit account that you have with the Bank for commercial use. Account also includes any loans you may have with us such as installment loans, commercial mortgage loans and commercial lines of credit.

“Account Access” means your ability to view account and transaction information for Online Accounts. It also includes your ability to transfer funds between eligible Online Accounts.

“Account Agreement” means the agreements between you and us that governs the use of your Accounts, including the deposit account agreement, any funds availability agreement, electronic fund transfer agreement or disclosure, line of credit agreements and schedule of fees and charges.

“Authorized End-User” refers to an employee who is given access to Business Online Banking by the Company Administrator. “Banking Day” shall refer to any day on which the Bank is open to the public during any part of such day for carrying on substantially all of its banking functions. However, for the purposes of this Agreement, Saturday is not a Banking Day.

“Bill Payment Account” means the Online Account you have authorized us to debit for payments made to Payee(s) in connection with the Bill Payment Service.

“Bill Payment Service” means our service that allows you to pay funds to designated Payees based upon your Online instructions to us.

“Bill Presentment Service” means our service that allows you to pay, view and manage bills from designated Payees based upon your Online instructions to us.

“Billing Account or Designated Account” means the Online Account that you have authorized us to charge for all fees and charges associated with the Bill Payment Services.

“Company Administrator ” refers to a person assigned by the company to have administrative responsibilities in the Customer Platform of Business Online Banking

“E-Bills” means those bills that you can access through the Bill Presentment portion of the Online Banking Service

“Electronic” means electrical, digital, magnetic, wireless, optical or electromagnetic technology, or any other technology that entails similar capabilities.

“Online Banking Services” means collectively Account Access Services, Bill Payment Services, Wire Transfer Services, Tax Remittance Services, ACH Services and other services which may be added from time to time.

“Online Accounts” refers to the Accounts you can access through Online Banking Services.

“Password” means the confidential identification number selected by you for identification purposes in connection with the use of Online Banking Services.

“Time of day” references are to Eastern Standard Time or Eastern Daylight Time, as applicable.

“Transfer” means any electronic banking transaction, including a deposit, withdrawal or bill payment made electronically.

“You” and “Your” refer to the Company who requests the Online Services as well as any person authorized by the Company Administrator.

We,” “us,” or “our” refers to Hingham Institution for Savings which offers the Online Banking Services and which holds the accounts accessed by the Online Banking Services.

SECTION 2. ACCESS TO ONLINE BANKING SERVICES In order to activate your Business Online Banking Services, you must complete an enrollment form. The form can be obtained by visiting our website at www.hinghamsavings.com, clicking on “Business Online” and clicking on “Click here to enroll”. On the Enrollment Form, you will be asked to provide several key pieces of information that allow the Online Banking System to be tailored to your business. This information includes the specific account numbers to be accessed through Online Banking, as well as the different services provided by Online Banking. Return the Business Online Banking Enrollment Form to us upon completion by mail, or drop the form off at your nearest branch location.

You will only have online access to those accounts and services specified on the Enrollment Form. New accounts opened after the activation of service will not be available unless requested by the Company Administrator. The Company Administrator will need to contact the Online Banking Department to request access to the new account or to add any additional services.

You will be notified within five business days of the receipt of the Enrollment Form via U.S. mail when your Business Online Banking Account has been established. The Welcome Package will provide the Company Administrator with the necessary information to activate the Online Account.

You will gain access to your Online Banking Services through the use of your Internet-enabled device, your Internet Service Provider, your Company ID, Company Password, User ID and your User Password.

Linking Your Accounts
You can access most of your accounts at the Bank through the Online Banking Services. This includes checking accounts, savings accounts, certificates of deposit, money market accounts and loans. The accounts to be accessed are identified by the company administrator during the enrollment process.

You agree to assume responsibility for all transactions up to the limits allowed by applicable law.

Equipment and Software Requirements
To use the Online Banking Services, you need a computer with a modem and a web browser (such as Netscape Navigator, Microsoft Internet Explorer or an equivalent). You are responsible for the set-up and maintenance of your home computer, modem and web browser. We are not responsible for any errors or failures from any malfunction of your computer or any virus or other problems related to the use of the Online Banking Services. In order to access the Services, you will be required to use a web browser that uses encryption technology. Special restrictions may apply for AOL users.

We are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your browser (Netscape Navigator, Microsoft Explorer or otherwise), your Internet Service Provider, your software or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access Online Services or communicate with the Bank.

SECTION 3. USE OF YOUR SECURITY PASSWORD

Authorized Use of Services by Other Persons
You and/or your Employees are responsible for keeping Passwords and account data confidential. We are entitled to act on transaction instructions received using your Company ID, Company Password, End-User IDs and End-User Passwords. You agree that the use of your Company ID, Company Password, End-user IDs and End-User Passwords will have the same effect as an authorized signers signature authorizing the transaction. If you authorize other persons to use the BusinessOnline service by establishing them as an Authorized End User or if you authorize other persons to use your Password in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization and have deleted the Authorized End-User or have changed your Password. You are responsible for any transactions made by such persons until you notify us that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your Password. The Company Administrator and End-Users will be required to change their User passwords every sixty days.

The Company Administrator and End-Users will be prompted to change their User passwords at the Login Screen once the sixtieth-day time limit has been met.

SECTION 4. IF YOUR PASSWORD HAS BEEN LOST, STOLEN, OR FORGOTTEN If an Administrator or End-User Password has been lost or stolen, or if you believe there have been unauthorized transactions on an account, call the Online Banking Coordinator immediately at 1-781-749-2200, 8:30 A.M. - 5:00 P.M. (EST) on any Banking Day. Telephoning us is the best way of minimizing your losses.

If your Administrator or End-User Password has been lost or stolen, you may be held responsible for all transactions posted against your account.

As the Company Administrator, if you forget your Company or User Password, you must notify the Bank by phone, e-mail, or U.S. Mail. You will then be given instructions to reset the password by an Online Banking Representative. If an End-User has forgotten his/her End-User Password, they must notify the Company Administrator to have their password reset.

SSECTION 5. BANKING TRANSACTIONS WITH ONLINE ACCOUNT ACCESS In addition to viewing account information, you may use Online Account Access to transfer funds among your deposit accounts as well as initiate loan payments to loan accounts for the regularly requested payment amount. NOTE: Because regulations require us to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:

(1) STATEMENT SAVINGS ACCOUNT. You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer or by telephone or Online Account Access.

(2) MONEY MARKET SAVINGS ACCOUNT. You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer or by telephone or Online Account Access and no more than three of these may be check, draft or debit card.

Transfers to or from passbook accounts and certificates of deposit are not allowed.

New services may be introduced for Online Account Access from time to time. We will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules, which will be made available to you concerning these services.

You may transfer funds through the Online Banking Services in any amount. We deduct the amount of your fund transfer from your Account on the Banking Day you instruct us to process it. We may refuse to act on your fund transfer instruction if sufficient funds, including funds available under any overdraft plan, are not available in your account on the date you want us to transfer funds.

SECTION 6. SPECIAL RULES FOR NEW ACCOUNTS If you are a new customer, the following special rules will apply during the first 30 days your account is open.

Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers and the first $5,000 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the fifth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit.

Funds from all other check deposits will be available on the fifth business day after the day of your deposit.

SECTION 7. ADDITIONAL SERVICES

Bill Payment and Presentment Service
The Bill Payment and Presentment Service permits you to use your Internet-enabled device to direct payments from your designated Bill Payment Account to third parties you wish to pay as well as view and manage your bills from designated payees. Your designated Bill Pay Account must be a checking account. However, your designated Bill Pay Account cannot be a money market account. Through the Bill Payment and Presentment Service, you can pay bills from your designated Bill Pay Account to businesses or individuals. You may initiate bill payments in any amount from $1.00 to $9,999.00.

You must follow an additional registration process to use the Bill Payment and Presentment Service. To register for the Bill Payment and Presentment Service, access BusinessOnline, click on Funds Transfer and then Bill Payment and follow the instructions on the screen. If you are unable to access Bill Payment from the dropdown menu, it may need to be added to your BusinessOnline Service Package. To add this service, please contact the Online Banking Department.

Multiple checking accounts may be used to initiate payments through the Bill Payment and Presentment Service. All payments you make will be deducted from the account that you designate as the appropriate account for each payment. Any payments you wish to make through this service must be payable in U.S. dollars to a payee located in the Continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time-to-time.

You should not use the Bill Payment and Presentment Service to make payments to settle securities purchases, payments to interest-bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.

The Presentment portion of the Bill Payment and Presentment service is optional. You may choose to view invoices for payment by establishing the service for each participating vendor.

To utilize the service you will be asked to submit specific information regarding the vendor, such as your User ID and password for that vendor’s website or balance and payment information from your last invoice. You may be prompted to enter a vendor User ID and password. If so, you will need to established it on the vendor’s website first, before proceeding with the set-up of the electronic presentment of your invoice from that payee. It is your responsibility to accept the terms and conditions of use at each vendor’s website. The vendors are not affiliates of the Bank.

The Bank is not responsible for the failure of the vendor to transmit invoices for the Bill Payment and Presentment Service.

Funds must be available in your designated Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-banking day (Saturday, Sunday or a Holiday), funds must be available in your designated Bill Payment Account the following Banking Day. After funds are withdrawn from your designated Bill Payment Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.

You may choose to schedule payments to recur in the same amount at regular weekly, semi-monthly or monthly intervals. When you create a new payee in the Bill Payment and Presentment Service, the payee has a temporary status until we have had sufficient time to set up the account and, for your business payees, verify information about your account. You should schedule a payment to a new payee at least ten (10) Banking Days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee.

For all payments, you agree to allow at least five (5) Banking Days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). This also applies to loan payments made to Hingham Institution for Savings. If you do not allow at least five (5) Banking Days, you will be fully responsible for all late fees, finance charges or other action taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, we will work with the payee on your behalf to attempt to have any late fees or charges reversed.

For all entries made using the Bill Payment and Presentment Service, the time recorded by the Bill Payment and Presentment Service controls.

We process the payments you make through the Bill Payment and Presentment in one of the following ways:

We may send payments through an electronic transmission to the Payee. Payees who receive electronic delivery will receive your payment information, including your account number, through a computer link. Payments made electronically are generally received and credited by most payees within three business days. We may send payments by a bank check mailed to the Payee. When more than one customer schedules a payment to the same Payee on the same date (which frequently happens), we may issue a consolidated check to the Payee with an accompanying paper list of each customer by name, of each account number to be credited and of the amount of each payment. We send all checks through the U.S. Mail. Payments made with a bank check are generally received and credited by most Payees within five to ten business days.

However, from time to time, we may receive instructions from a Payee that direct us, in order to ensure the timely processing of your payment, to send your payment 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 Payee at another financial institution. When we receive such payment instructions from the Payee, we may follow those instructions to help ensure that your payment is received by the Payee and promptly credited to your account.

We are only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will not be liable in any way for damages you incur if you do not have sufficient funds in your designated Bill Payment Account to make the payment on the processing date, for delays in mail delivery, for changes to the payee’s address or account number unless you have advised us of the change sufficiently in advance, for the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond our control.

If your designated Bill Payment Account does not have sufficient funds to make a payment as of the date the payment is attempted or scheduled to be made, your designated Bill Pay account will become locked until such time as we are able to collect the full amount of the payment. We will continue to attempt to debit your account on any electronic payment or check payment under $500.00 sent on your behalf. If we are unable to collect the full amount of the payment after the third attempt, your Bill Payment account may be cancelled and the debt will be turned over to a collection agency. A stop payment will be placed on any check payment sent in excess of $500.00 and no further attempt will be made by us to make the payment. We will attempt to notify you by e-mail or U.S. Mail, but we shall have no obligation or liability if a payment is not made because there are insufficient funds in your account to process a transaction. The lock will be removed from your designated Bill Payment Account once the funds for the payment have been collect or a stop payment has been placed. However, this process may take up to 5 business days. Any pending payments scheduled during the time your designated Bill Payment Account is locked will not be processed. You are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Service once the lock has been removed. During the time that your designated account is blocked, you may continue to utilize the Bill Payment and Presentment Service by designating another checking account attached to your Bill Payment and Presentment Account.

The way to cancel or change a payment is to use the Bill Payment and Presentment Service. Payments must be changed or canceled using the Bill Payment and Presentment Service prior to the Banking Day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued, and we agree to do so, we may charge you a stop payment fee. Stop payments can be placed on payments sent in check form only. Stop payments orders, whether oral, written or electronic, will be in effect for a period of six (6) months. All oral stop requests must be confirmed in writing. After six (6) months, any stop payment will terminate and must be renewed in order to continue in effect. We may pay any item that is presented following the lapse of any stop payment order.

You will have the option to purchase a disk that contains all Bill Images, Bill Summaries, and Payment History for an entire year. You may place your order for a year-end disk through Bill Payment and Presentment or by contacting our Online Banking Department at (781) 749-2200. Year end disks will be available each January for the prior one year period. The disk will be mailed to you via US mail. You will need to use a Security Key to access the information on the disk. This Security Key will be emailed to you after your order has been shipped. Please see current fee schedule for purchase price of the disk.

Tax Remittance Service
The Tax Remittance Service allows you to pay your tax payments online from your designated checking account. All tax payments will be deducted from your account and are based on the information we receive from you. The Bank is not responsible for any payment which is made late if you did not give us ample time to remit the payment to the IRS.

We are only responsible for exercising ordinary care in processing your payment upon your authorization in accordance with this Agreement. We will not be liable in any way for damages you incur if you do not have sufficient funds in your account to remit the payment on the processing date.

Please refer to Appendix A for processing time frames.

Wire Transfer Service
The Wire Transfer Service allows you to wire funds from your designated checking account to another account at another institution within the continental United States. All wire transfers will be deducted from your designated account based on the information we receive from you.

We are only responsible for exercising ordinary care in processing your transactions upon your authorization in accordance with this Agreement. We will not be liable in any way for damages you incur if you do not have sufficient funds in your account on the processing date.

Please refer to Appendix A for processing time and associated fees.

Before any wire transfers can be processed, you will need to complete the Wire Transfer Service Agreement (see Appendix B).

ACH
ACH is the Automated Clearing House Network, a nationwide electronic payment system that replaces paper payments with electronic transactions.ACH payments offer a wide range of transactions such as Direct Deposit or pre-authorized transfers.

Additional ACH Agreement Forms must be completed before the ACH feature may be used.

SECTION 8. ELECTRONIC MAIL We will not immediately receive electronic mail (e-mail) that you send to us. You should not rely on e-mail if you need to communicate with us immediately, i.e.; if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.

If you send us an electronic mail message, we will be deemed to have received it on the next Banking Day. We will have a reasonable time to act on your e-mail.

You agree that we may respond to you by e-mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such e-mail sent to you by us shall be considered received within three (3) days of the date sent by us, regardless of whether or not you sign on to the Service within that time frame.

SECTION 9. OTHER AGREEMENTS In addition to this Agreement, you and we agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Services is your acknowledgment that you have received these agreements and intend to be bound by them.

You shall review other disclosures received by you when you open your accounts with us including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement We will automatically deduct the fees related to this Service from the account designated on the enrollment form for such fees, each month.

SECTION 10. HOURS OF OPERATION Online Banking Services are generally accessible 24 hours a day, seven days a week, except that Services may be inaccessible for a reasonable period for system maintenance. We are not liable under this Agreement for failure to provide access due to a system failure or due to other unforeseen acts.

We may modify, suspend or terminate access to the Online Banking Services at any time and for any reason without notice or refund of fees you have paid.

For purposes of transactions, our Banking Days are Monday through Friday, excluding Federal holidays.

Our day begins at 8:30 AM (EST). Online Banking transfer requests received after 5:00 PM (EST) on Banking Days and all transactions which are requested on Saturdays, Sundays or holidays on which we choose to remain closed, may not be processed until the next Banking Day.

Other services may be subject to stricter deadlines.

SECTION 11. MODIFICATIONS TO THIS AGREEMENT We may modify the terms and conditions applicable to our Services from time-to-time upon mailing or delivering a notice of the modifications to you at the address shown on our account records and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.

We may send any notice to you via electronic mail and you will have been deemed to have received it three days after it is sent.

We reserve the right to terminate this Agreement and our use of the Services in whole or in part at any time without prior notice.

SECTION 12. ERRORS AND QUESTIONS In case of errors or questions regarding an Online Banking or Bill Payment transaction, notify us immediately by calling the Online Banking Coordinator from 8:30 AM to 5:00 PM (EST) on any Banking Day at 1-781-749-2200, or write us at:
Hingham Institution for Savings
Business Online Banking
55 Main Street
Hingham, MA 02043

You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.

Furthermore, we must hear from you at the specified telephone number or address no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:

(a) Your name and account number
(1) A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information
(2) The dollar amount of the suspected error and date on which it occurred.

If your report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days. We will notify you with the results of the investigation within ten (10) Calendar Days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) Calendar Days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) Calendar Days, we may not credit your account until the investigation is completed.

If an alleged error involves an electronic funds transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are twenty (20) Calendar Days (instead of 10) and ninety (90) Calendar days (instead of 45).

We will tell you the results within three (3) business days after completing the investigation and we will send you a written explanation if we determine that there was no error. You may request copies of the documents that were used in the investigation.

You agree that we may respond to you by electronic mail with regard to any claim of unauthorized electronic funds transfer related to the Service. Any such electronic mail sent to you by us shall be considered received within three (3) days of the date sent by us, regardless of whether or not you sign on to the Service within that time frame.

SECTION 13. STATEMENTS You will continue to receive your regular monthly or quarterly account statement, depending on the type of account.

SECTION 14. OUR LIABILITY FOR FAILURE TO MAKE A TRANSFER Except as provided for in Section 7, if we do not properly 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 the amount of any losses incurred by you and resulting directly from such failure. We will not be liable in the following instances:

1. If through no fault of our own, you do not have enough money in your account to make the transfer;

2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer, despite reasonable precautions that we have taken;

3. If there is a hold on your account or if access to your account is blocked, in accordance with banking policy;

4. If your funds are subject to legal process or other encumbrance restricting the transfer;

5. If your transfer authorization terminates by operation of law;

6. If you believe someone has accessed your accounts without your permission and you fail to notify us immediately;

7. If you have not properly followed the scheduling instructions on how to make a transfer included in this Agreement;

8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer;

9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer and we will not be liable for any incidental or consequential damages.

If any of the above circumstances occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

SSECTION 15. LIMITATION OF LIABILITY

Disclaimer of Liability
You are responsible for the correct set-up and installation of software required to access the Internet. Neither the Bank nor any of the Bank’s service providers are liable for damages (whether direct, indirect, special, consequential or otherwise), including economic, property, personal or other loss or injury, whether caused by hardware or software or system-wide failure, arising or resulting from the installation, use or maintenance of the equipment, software or other items necessary to operate Online Banking Services.
Disclaimer of Warranties

(1) Warranties of Fitness and Merchantability
NEITHER THE BANK, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OF FITNESS FOR PARTICULAR PURPOSE UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED LAW.

(2) Computer-related Warranties Neither the Bank nor any software supplier nor information provider is liable for any computer virus or software-related problems which may be attributable to the services provided in connection with the Online Banking Services.

SECTION 16. DISCLOSURE OF INFORMATION TO THIRD PARTIES We will disclose information to third parties about your account or the transfers you make:
1. Where it is necessary for completing transfers;
2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
3. In order to comply with government or court orders or other reporting requirements;
4. If you give us your written permission;
5. To our affiliated companies.
Information concerning your account history with us will be shared within our organization. Other information, including information you have given us as part of an application for one of our products or services, or information we have received from a credit bureau or other third party, also may be shared among affiliated companies within our organization. For further information, you should refer to the Bank’s Privacy Policy.

SECTION 17. INACTIVITY AND TERMINATION You are responsible for complying with all the terms of this Agreement and with the terms of the Account Agreements governing the deposit accounts which you access using electronic Online Banking Services. We can terminate your electronic banking privileges (including the Bill Payment service) under this Agreement without notice to you if you do not pay any fee required by this Agreement when due, or if you do not comply with the agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.

We may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive one-hundred-fifty (150) day period. We will attempt to notify you via email that your account has been given an inactive status. If your account is considered inactive, you must contact us to have the Online Services activated before you will be able to schedule any transaction through the Online Service. If your account remains inactive for a consecutive one-hundred-eighty (day) period, your online access will be terminated.

To cancel the Online Account Services and/or Bill Payment Service, you must notify us and provide your name; address; whether you are discontinuing Online Account Access, Online Bill Payment or both; and the effective date to stop the service. When Bill Payment is terminated, you must delete prescheduled bill payments made through Online Account Access. Your final charge for the Bill Payment Service will be assessed at the end of your statement cycle. You may notify us by one of the following methods:
(1) By sending an e-mail to: pcbank24@hinghamsavings.com
(2) By calling 781-749-2200, 8:30 AM - 5:00 PM (EST), on a Banking Day
(3) By writing a letter and either giving it to a Customer Service Representative at any branch location or sending it to the following address:
Hingham Institution for Savings
Business Online Banking
55 Main Street
Hingham, MA 02043.

SECTION 18. FEE SCHEDULE We offer the benefits and convenience of the Basic Online Banking Service Package free of charge. This service package includes account balances, history information, account transfers, stop payments and Bill Payment. The Premier Online Banking Service Package offers additional services such as wire transfer, electronic federal tax payment services, Automated Clearing House (ACH) transactions, and account research requests for a fee of $9.95 per month. This fee includes unlimited transfers between accounts and unlimited Tax Remittances. The fee will be deducted automatically from the account you specify. The accounts accessed through Online Account Access will continue to be subject to normal fees identified in the Fee Schedule available for each account.

SECTION 19. GOVERNING LAW, LITIGATION AND ARBITRATION This Agreement has been delivered to us and accepted by us in the Commonwealth of Massachusetts. Subject to the provision of the next paragraph, any action or suit brought in connection with this Agreement or the transactions contemplated herein may be brought in a court of record in Plymouth or Norfolk County, Massachusetts, the parties hereto irrevocably submitting and consenting to the non-exclusive jurisdiction of each thereof, and each party irrevocably waives, to the fullest extent it may effectively do so under applicable law, any objection it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that the same has been brought in an inconvenient forum. IN THE EVENT OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE, YOU AND WE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ALL RIGHTS TO A TRIAL BY JURY AND AGREE THAT YOU OR WE MAY FILE A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE FOREGOING WAIVER.

Notwithstanding the foregoing, you and we agree that all disputes, claims and controversies between you and us, whether individual, joint or class in nature and arising from this Agreement or otherwise, including without limitation, disputes sounding in contract or tort, shall be resolved in arbitration proceedings in Boston, Massachusetts, in accordance with the rules of the American Arbitration Association governing commercial arbitration. Such arbitration shall be commenced upon the written request of either party forwarded to the other in accordance with the notice provisions applicable to this Agreement and shall be conducted before a panel of three (3) arbitrators, one chosen by you, one chosen by us and one appointed by said Association. No act shall constitute a waiver of this arbitration agreement, including, without limitation, obtaining injunctive relief or a temporary restraining order; obtaining a writ of attachment or imposition of receiver, or exercising any rights related to property, including taking or disposing of such property with or without judicial process pursuant to the Uniform Commercial Code. Any disputes, claims or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, shall also be arbitrated, provided however that no arbitrator shall have the right or the power, including the enforceability of this arbitration provision and any claim to rescind, reform or modify this Agreement, to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction under the above paragraph of this section. Nothing in this Agreement shall preclude us from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding and the commencement of an arbitration proceeding shall be deemed to be the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation and enforcement of this arbitration provision. 08/07/07

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