Under this Agreement, “we”, “us,” “our” and the “Bank” denote Eastern Bank. “You” and “your” refer to each accountholder that has requested this service.

B. Agreeing to this Agreement
By enrolling in the HomeConnect services, you acknowledge that you have received and understand the terms of this Agreement and agree to be bound by the provisions of this Agreement and any amendments that are made from time to time.

You should retain a copy of this Agreement for your records. If you enroll online and are unable to print, we will mail you a paper copy of this Agreement at your request. You agree that email or other electronic communications that we send you, including communications through the HomeConnect Message Center, shall be treated as “writing” and shall bind each of us in the same way as a written communication. Unless otherwise provided under applicable law, any electronic communication you send to us will not be effective until we receive it and have had reasonable opportunity to act on it.

C. Accessing your Accounts through HomeConnect
Account and System requirements:

If you provide your User ID and Password to a third party, you are authorizing that party to make transactions on your accounts, including transfers and bill payments. We will not be liable for and will not reimburse you for any losses that may occur as a result of the use of your User ID and Password by such authorized users.

HomeConnect automatically gives you access to all eligible accounts (checking, money market, savings, retirement, certificates of deposit, and loan accounts) linked to your customer record at Eastern Bank.  If there are one or more accounts that you do NOT want access to or that you do NOT want enabled for funds transfers via HomeConnect, you may remove access to those accounts at any time by calling 1-800-EASTERN (1-800-327-8376). You may also request that we restore access to unlinked accounts at any time.

You must use a browser with 128-bit encryption to be able to access and use the HomeConnect service. Your browser must have javascript support enabled in order to view pages correctly.

To safeguard your use of HomeConnect, you will be asked for your User ID and Password each time you access this service. For your protection, you should sign off after every HomeConnect session.  We will automatically terminate your online banking session if there is no HomeConnect activity for a period of time.  In addition, we employ safeguards, such as firewalls between our systems and the Internet, to protect your account information. 

D. HomeConnect Services

1. Account Information
(i) You may view current balance information or review transaction activity for your eligible Eastern Bank checking, savings, money market savings, CD, line of credit, mortgage or loan accounts that have been linked for HomeConnect access.  Current balances may include deposits that are still subject to verification and may not include deposits or loans that are in process, outstanding checks or payments, or other withdrawals, payments, credits, charges, or debits that have not yet been posted to your account.

(ii) You may perform self-service activities such as stopping payment on your manually written checks, viewing front and back images of your manually written checks, changing your HomeConnect Password, changing your email address and researching up to 13 months of historical account balance and activity information.

2. Fund Transfers
(i) You may make same-day, future-dated or recurring fund transfers in any amount between your Eastern Bank deposit accounts that have been linked for HomeConnect access. When you request a fund transfer using this service, you authorize us to follow the transfer instructions and transfer the funds from the designated originating account to the designated recipient account.  If we receive your request prior to 9:00 p.m. Eastern Time on any business day, we will transfer the funds on that day.  If we receive your request after 9:00 p.m. Eastern Time on a business day or at any time on a day that is not a business day, we will make the transfer on the next business day.  The day we make the transfer is called the “Transaction Date.”  We may refuse to act on your fund transfer instruction if there are not sufficient available funds in your account, including funds available under any linked line of credit, on the Transaction Date.  Funds transferred to a deposit account will be deemed deposited on the Transaction Date and will be available thereafter in accordance with our funds availability policy.

(ii) You may edit or cancel a future-dated fund transfer prior to 9:00 p.m. Eastern Time on the Transaction Date.  A same-day transfer is effective immediately and cannot be cancelled.

(iii) You may make same day, future dated, or recurring fund transfers between your Eastern Bank deposit accounts and your linked Eastern Bank line of credit, installment loan or mortgage loan accounts. Fund transfers cannot be made if you only have a CD or a loan account with Eastern Bank.

3. Alert Messages
HomeConnect allows you to request automated alert messages for your linked accounts. We offer alert messages to notify you of a variety of events and circumstances. We may make new alerts available from time to time, or discontinue old alerts. If you have opted to receive an alert that is being discontinued, we will notify you at least 30 days in advance.

Alert messages will be sent to the HomeConnect Message Center. A notice that an alert message is available in the Message Center will be sent to the Internet email address you provided for the HomeConnect service. If you change your email address, you must use HomeConnect's Change Email Address feature to inform us of the change.

Alert messages may be delayed or prevented by a variety of factors. We neither guarantee the delivery nor the accuracy of the contents of any alert. We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

4. Bill Payment Service
(i) Generally. If you have an active Eastern Bank checking account that has not experienced an excessive number of overdrafts in the last 12 months, you may use Bill Payment Service. With Bill Payment Service you can schedule a bill payment for the same day, a future day or as a recurring payment.  You may make bill payments in amounts from $0.01 to $9,999.99.  Bill payments to pay taxes, to make any court ordered payment, or to settle any securities transaction are not allowed.  You can only make bill payments to payees with United States addresses. Your payment will be made either by transferring funds electronically (Automated Clearing House transaction) or by sending a paper check to the payee. Payments executed through an automated clearing house will be subject to the rules of the National Automated Clearing House Association (NACHA).  If you authorize a recurring payment to any entity, those payments will continue until the specified end date, unless you cancel the recurring payment or there are insufficient available funds to allow the payment. You assume the risk of loss due to an overpayment on any authorized payment using the Bill Payment Service.

(ii) Funding Account.  When you instruct us to make a payment through the Bill Payment Service, you must designate an Eastern Bank checking account from which that payment is to be made.  This is called the “Funding Account”.  The Funding Account must be an account linked for HomeConnect access. If you do not have an active Eastern Bank checking account, you may not use Bill Payment Service.

(iii) Scheduling Payments.  You must provide sufficient information about each Bill Payment payee to direct a payment to that payee and permit the payee to identify the correct account to credit with your payment.  While most payees can be paid through the Bill Payment Service, we reserve the right to refuse to pay certain payees.  In this event, we will notify you that Bill Payment Service cannot be used for the payee.

When you schedule a bill payment using the Bill Payment Service, you must specify a “Send On Date” on which we are to process the payment.  If you specify a date that is not a business day, the Send On Date will be the next business day.

When entering a bill payment on the Make Payments screen, the smart calendar feature automatically calculates and displays an estimated delivery date for the payment based on whether the payee will be paid electronically with an automated clearing house transaction or by issuing and mailing a paper check. In addition, the Payment Confirmation screen has a payment type field that indicates whether the payment will be made electronically as an automated clearing house transaction or by check. In general, you will need to allow at least three (3) business days to ensure on-time payment for an automated clearing house transaction and five (5) business days if the payment is to be made by issuing and mailing a paper check to the payee. If you are not sure whether a payment will be sent by automated clearing house transaction or paper check, you should allow at least five (5) business days before the payment due date (not including any applicable grace period).  This generally allows sufficient time for the payee to receive and process the payment.  The Bank is not responsible for delays in the U.S. mail or for processing delays by the payee.  If you incur a late charge on a payment processed through the Bill Payment Service, the Bank’s service provider will work with the payee to determine why the late charge was assessed and to attempt to have it reversed, provided: (a) you entered a Send On Date sufficiently in advance of the payment due date, as described above; (b) you entered the correct payee name, address, account number, and payment amount; and (c) your Funding Account contained sufficient available funds to make the payment.

The Bank withdraws funds from the Funding Account on the second business day following the Send On Date (the “Funding Date”).  The Bank is not required to complete the bill payment transaction if there are not sufficient available funds in the Funding Account (including any linked overdraft account) on the Funding Date.

For payments made by paper check, if a payee fails to negotiate the check within ninety (90) days, we will stop payment on the check and credit your Funding Account for the amount of the payment.

Bill Payment transactions are marked “pending” until 9:00 p.m. Eastern Time on the Send On Date.  You may use the Bill Payment Service to cancel or edit any “pending” bill payment until 9:00 p.m. Eastern Time  on the Send On Date.  After 9:00 p.m. Eastern Time  on the Send On Date, you can request that an in-process bill payment be cancelled by calling HomeConnect Technical Support at 1-888-219-8359, 24 hours per day and 7 days per week. Although we will make every effort to accommodate your request, we will have no liability for failing to do so.

If sufficient funds are not available in your Funding Account on the Funding Date, the Bill Payment Service will be suspended and you will receive an email message notifying you that your Bill Payment Service has been suspended.  No further bill payments will be processed until sufficient funds are available in the Funding Account. See our Schedule of Charges for the insufficient funds service fees that will be charged to your Funding Account for bill payment transactions presented against insufficient funds.

5. New Services
New HomeConnect services may be introduced periodically. The Bank will notify you of the existence of these new services. By using these services as they become available, you agree to be bound by the rules that will be made available to you concerning these services.

E. Limits on Transactions
There are no limits on the number or types of transactions that you may process through HomeConnect. However, all savings accounts (including passbook savings, statement savings, and money market deposit accounts) are subject to federal regulations that limit the number of certain types of transfers from those accounts. Transfers to your other accounts through HomeConnect and transactions to third parties through the Bill Payment Service do count against the limited number of transactions on these accounts, although payments to your loan accounts with us are not counted toward the limit. Your ability to transfer funds from your accounts may also be subject to other legal restrictions and service charges under your Deposit Account Agreement. You should review the Deposit Account Agreement carefully for information regarding all applicable limitations and service charges.

F. Contacting the Bank by Electronic Mail (email)
If you send the Bank an email message so that the Bank receives it before 4:00 p.m. on a business day, the Bank will be deemed to have received it the same business day.  Otherwise, the email message is deemed to be received the next business day.  The Bank generally will acknowledge emails within 24 hours, however, we will not take actions based on your email request until we actually receive your email message and have a reasonable time period to act.  For time-sensitive information, please contact the Bank at 1-800-EASTERN (1-800-327-8376).  Because normal Internet email transmissions may not be secure, we request that you do not send us or request sensitive information such as account numbers, passwords and payment  information via any public email system.

Eastern Bank will NEVER ask you for any private information (such as account numbers, passwords, PINs, social security numbers, etc.) for any of our products through an unsolicited Internet email.

G. Schedule of Charges
There is no fee for HomeConnect and Bill Payment Services. Regular account fees and service charges (such as fees for insufficient funds transactions) will apply to services and transactions requested through the HomeConnect Service as they would apply to transactions and services effected through other means.  Please read the Deposit Account Agreement and its Schedule of Charges for a listing of such fees.

H. Account Statements
You will continue to receive regular account statements either monthly or quarterly, depending on the type of account and nature of transactions. HomeConnect transactions will be itemized on your regular account statements.

I. In Case of Errors or Questions
In case of errors or questions regarding HomeConnect or your electronic transfers, call our Customer Service Center at 1-800-EASTERN (1-800-327-8376).  You may also write to:

Eastern Bank
Online Banking Team
195 Market Street, EP3-02
Lynn, Massachusetts 01901-1508

We must hear from you no later than sixty (60) calendar days after we sent the FIRST statement on which the problem appeared.  We will need:

• Your name and account number.
• A description of the error and explanation of why you believe it is an error.
• The dollar amount of the suspected error and date on which it occurred.

If the report is made orally, we will require that you send the complaint or question in writing within ten (10) business days following the date you notified us.  We will tell you the results of our investigation within ten (10) calendar days and will correct any error promptly.  If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question following the date you notified us.  If we decide to do this, we will provisionally credit your account within ten (10) calendar days following the date you notified us for the amount you think is in error, so that you will have the use of your 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 ten (10) business days, we may not provisionally credit your account.

We will tell you the results within three (3) business days after completing our investigation.  If we determine that there was no error, we will send you a written explanation.  You may, at no cost, examine and inspect all documents that we used in our investigation.  You may also, for a reasonable fee to cover our photocopying costs, ask for copies of the documents that we used in our investigation.

If your question or error involves a transfer or payment to a third party, our investigation will be generally limited to a review of our own records.

J. Your Liability
You will be liable for unauthorized HomeConnect transactions to the extent allowed by applicable federal and state law and this Agreement.

Tell us AT ONCE if you believe that any User ID, Password, or other access code you use for HomeConnect has been lost or stolen or used without your permission.  Telephoning is the best way of minimizing your possible losses.

Telephone us at: 1-800-EASTERN (1-800-327-8376) or write to us at:

Eastern Bank
Online Banking Team
195 Market Street, EP3-02
Lynn, Massachusetts 01901-1508

You should tell us AT ONCE if your statement shows electronic transfers that you did not make.  If you do not tell us within sixty (60) days after the statement was mailed to you, we are not required to investigate the alleged error or to refund any erroneous electronic transfers to your Account.

If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.

K. Our Liability
If we do not complete an electronic transfer to or from your account on time or in the correct amount according to this Agreement, we will be liable for your losses and damages.  However, there are some exceptions. We will not be liable, for instance: 

1. if, through no fault of ours, you do not have enough money in your account to make the transfer or if the transfer will go over the credit limit on any overdraft protection line attached to the account;
   
   
2. if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken;
   
   
3. if a technical malfunction exists on the Send On Date; or
   
   
4. if funds are subject to legal process or other encumbrance restricting such transfer; or
   
   
5. if any other specific exceptions stated in this Agreement are applicable.

Unless prohibited by applicable law, 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, punitive or exemplary damages, including lost profits, arising in any way out of the installation, use, or maintenance of the equipment or software used to access HomeConnect or otherwise out of the HomeConnect services.

We make no warranties, expressed or implied, with respect to HomeConnect including without limitation, the warranties of merchantability and fitness for a particular purpose.

L. Your Ability to Stop Payment
Your initiation of HomeConnect transactions from your account will, except as otherwise provided in this Agreement, effectively eliminate your ability to stop payment of the transaction.

UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS.  THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.

M. Evidence
If we go to court for any reason, we can use a copy, microfilm or microfiche of any document to prove what you owe or that a transaction has taken place, and the copy, microfilm, or microfiche will have the same validity as the original. Any documentation provided to you which indicates that an electronic fund transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie evidence that such a transfer was made.

N. Virus Protection
The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your personal computer using a virus protection product. An undetected virus may corrupt and destroy your programs, files and hardware.

O. No Signature Required
When any particular payment or other on-line service generates items to be charged to your account, you agree that we may debit your account without requiring your signature on the item, and without prior notice to you.

P. Disclosure of Information to Third Parties
We will disclose information to third parties about your account or electronic transfers you make:

1. where the other person is a party to the transfer or it is necessary for completing the transfer;
   
   
2. where the other person is authorized by law to have access to our records in the course of their official duties;
   
   
3. to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
   
   
4. to comply with a court order or lawful subpoena;
   
   
5. to an auditor, attorney, or collection agent for the Bank;
   
   
6. to a bank service provider for the purpose of servicing your account; and
   
   
7. if you give us your written permission (provided that such permission shall expire after 45 days).

Q. Inactivity and Termination of this Agreement
You are responsible for complying with all the terms of this Agreement and with the terms and conditions of all other disclosures governing the deposit and loan accounts that you access using HomeConnect. We can terminate your electronic banking privileges (including Bill Payment Services) under this Agreement without notice to you if:

1. You do not pay any fee required by this Agreement when due,  or
   
   
2. You do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing.

We can terminate this Agreement or your use of any services under it for any other reason, provided we give you ten (10) days prior notice of our decision to do so. We may remove your accounts from the HomeConnect Internet Banking and Bill Payment Services if you do not log on to HomeConnect or have any transaction scheduled through HomeConnect during any consecutive one hundred eighty (180) day period. Once your account has been deleted from HomeConnect, you must contact us to re-enroll.

To cancel HomeConnect, you must notify the Bank and provide the effective date to stop the service.  Any future dated or recurring Bill Payment transactions scheduled to be made after the effective date of termination will be cancelled. You may notify the Bank by:

1. Calling 1-800-EASTERN (1-800-327-8376), or by
   
   
2. Writing to:
   
   Eastern Bank
   Online Banking Team
   195 Market Street, EP3-02
   Lynn, Massachusetts 01901-1508

R. The Bank’s Business Days
The Bank’s business days are Monday through Friday, excluding state and federal bank holidays.

S. Amendments
This Agreement may be amended from time to time by the Bank. The Bank shall give you notice of any change, which notice may be provided electronically or in writing.

T. Special Rule for Business Customers
The Bank permits certain business customers to use HomeConnect for their Internet banking needs.  For those customers, certain provisions of this Agreement do not apply. Therefore, if you are a corporation, partnership, limited liability company, sole proprietor, or other business entity:

1. your deposit accounts are governed by the Bank’s Business Deposit Account Agreement (rather than its Personal Deposit Account Agreement);
   
   
2. The time limits and other requirements relating to our responses to your billing error notices (as described in Section I of this Agreement captioned “In Case of Errors or Questions”) do not apply;
   
   
3. We will not be liable for any losses or damages you may incur through HomeConnect unless they are the result of our gross negligence or willful misconduct; and
   
   
4. We shall be entitled to rely on the apparent authority of any person who accesses HomeConnect using your User ID and Password.  Except as otherwise provided by law, you will indemnify the Bank and hold it harmless for any loss or expense caused by any person who accesses HomeConnect using your User ID and Password.

   
   

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