Hancock Bank Personal e-Banking Services Agreement and Electronic Consent

Agreements and Law; Conflict Between Agreements; Amendments; and Entire Agreement.
1. Agreements and Law. Your e-Banking Access and Use is subject to:
  1. Services Agreement. The terms and conditions contained in this Agreement, including those specific addenda for services in which you enroll (the "Services Addenda" or a "Service Addendum"), such as Mobile Banking, e-Pay, External and Third Party Funds Transfer and e-Statements (an "Additional e-Banking Service" or collectively, "Additional e-Banking Services");
  2. Electronic Consent. The Consent to Electronic Delivery of Notices and Disclosures (the "Electronic Consent") as set forth herein;
  3. Instructions. Instructions set forth or incorporated by reference herein or on the e-Banking web pages and the online, context-sensitive "Help," and glossary or FAQs, if any (collectively herein, the "Instructions");
  4. Relevant Law. Relevant provisions of federal and state law, except to the extent that we can and do vary such law with this Agreement, the Services Addenda, the Electronic Consent, the Instructions or the Related Agreements, ("Relevant Law"); and
  5. Related Agreements. This Agreement, the Service Addenda and Instructions govern your e-Banking Access and Use and enable you to use the e-Banking Services to access your Eligible Accounts and to perform those banking functions and engage in those banking transactions authorized as part of such services. However, your Eligible Accounts are also subject to those other terms and conditions to which you agreed when we established such accounts for you such as deposit and loan agreements, disclosures, and other documents and forms related to your Eligible Accounts (the "Related Agreements"). Such Related Agreements include, but are not limited to: (i) our Deposit Agreement; (ii) Deposit Account Information Truth In Savings; (iii) IRA Account Agreements; (iv) VISA® Check Card; (v) HandyLine; (vi) any overdraft protection agreements and (vi) any other loan or credit agreements. You should review the Related Agreements for applicable fees, limitations on the number of transactions you can make, your obligations in maintaining and using your Eligible Accounts, and/or other restrictions that might impact your use of the e-Banking Services to perform transactions within your Eligible Accounts.
2. Conflicts Between Agreements. When using one of the Additional e-Banking Services, in the event of a conflict or inconsistency between the terms and conditions of this Agreement with the same or similar provision within the Service Addendum related to that particular Additional e-Banking Service or the related Instructions, the order of priority in controlling such conflicts is as follows: (i) the related Instructions; (ii) the related Service Addendum; and (iii) this Agreement; but, only to the extent necessary to resolve a conflict or inconsistency between a provision of one with a provision in another dealing with the same issue. The mere presence or absence of a provision in one shall not be considered a conflict or inconsistency with the absence or presence of a provision in another. Unless expressly stated otherwise, a provision within one Additional e-Banking Service or the Instructions related to that particular service, shall not apply to the e-Banking Services, generally, or to any of the other Additional e-Banking Services. This Agreement, the Service Addenda and Instructions control over any conflict or inconsistency over the same or similar provision within the Related Agreements regarding your e-Banking Access and Use.
3. Amendments. We may amend this Agreement, the Related Agreements or the Instructions at any time. For example, we may add, delete or amend terms or services. Any such change will be effective as of the date we establish, subject to applicable law. We will notify you of any such changes electronically or by mail. For any change that would (i) increase the fees we charge, (ii) increase your liability, (iii) limit the types of payments or transfers or the dollar amounts or frequency of such payments or transfers, we will provide you such notice in advance of the effect date of such changes of at least equal to the lesser of: (i) notice period required in the Applicable Law or (ii) (30) days. Your use of the e-Banking Services or otherwise maintaining and not canceling your e-Banking Services following the effective date of any changes indicates your agreement with such changes. References to this Agreement, the Electronic Consent, the Instructions, the Related Agreements, and the Relevant Law include future amendments or revisions, supplements, replacements or superseding provisions, as applicable.
4. Entire Agreement; Acceptance. The Services Agreement, as supplemented by the Electronic Consent, Instructions, Relevant Law and the Related Agreements, is the entire agreement between you and us and it supersedes any other statements, writings, and electronic records relating to e-Banking Services.
e-Banking and e-Banking Plus.
1. e-Banking Services. Using e-Banking, you may perform those banking functions using your Eligible Account(s) and engage in those banking transactions in such accounts as described below and on the e-Banking web pages. These e-Banking Services, including the Additional e-Banking Services are referred to herein as the "e-Banking Services" or simply as the "Services" or individually as a "Service." An "Eligible Account" or "Eligible Accounts" can include your individual or joint deposit accounts that you maintain with us such as checking, savings, money market and other time deposit accounts such as certificates of deposit or IRA accounts and your loan accounts. Eligible Accounts are sometimes generally referred to herein as an "Account" or "Accounts." Eligible Accounts which are loans are sometimes generally referred to as "Eligible Loan Accounts." Loans that are lines of credit are sometimes referred to herein as "Eligible Line of Credit Accounts."
2. e-Banking Plus. "e-Banking Plus" refers to a bundle of electronic banking services which we offer for a monthly fee. In general, e-Banking Plus offers services such as Mobile Banking and External and Third Party Funds Transfer at either no additional charge or at discounted pricing as compared to the standard e-Banking Services. e-Banking Plus also includes an enhanced security feature - multifactor identification using an Entrust security access card. Specific details regarding the e-Banking Plus Services, including the Entrust security access card, and the related fees are more fully set forth in the Personal e-Services Fee Schedule.
e-Banking Services
1. Account Information.
  - You may use e-Banking to view current balance information and review a history of transactions for up to 16 months on your Accounts. For loans, you may use e-Banking to view loan histories from inception through the current date.
  - Using the Pending Transaction Report, you may use e-Banking to view scheduled or non-recurring electronic transactions after they occur and before they are posted to your Accounts.
  - You may also download transactions in QIF format for use with certain Personal Financial Management software such as Intuit Quicken^®.
2. Notifications.
1. Mobile Banking. "Mobile Banking Services" or "Mobile Banking" is a personal financial information management service that allows you to access Account information, make payments to vendors and other payees ("Payees") who have previously been created within e-Banking e-Pay ("e-Pay") and make other available banking transactions as fully described on our Web site (currently, www.hancockbank.com) using compatible and supported mobile phones and/or other compatible and supported wireless devices (collectively, a "Mobile Device").
2. Transfers Of Funds. Internal transfers refer to a transfer of funds from one Account to another Account both of which are maintained by us in the same state, i.e. both in Mississippi, or both in Alabama, or both in Florida. Internal transfers are governed by the provisions of sub-section 1. External transfers include a transfer of funds from (i) an Account maintained with us in one state to an Account maintained with us in another state, i.e. from an Account maintained in Mississippi and another Account maintained in Alabama or Florida, (ii) an Account maintained with us to an Account which is maintained with Whitney Bank, our affiliated bank, and (iii) an Account maintained with us to an account maintained with another U.S. financial institution ("External Transfers"). External transfers are governed by the provisions of sub-section 2.
  1. Internal Transfer of Funds.
    1. General. Transfers can be made from various types of Accounts, such as checking, savings or money market deposit accounts to similar accounts. Transfers between your Accounts can include real-time transfers, non-recurring transfers and recurring transfers. Transfers can be made as loan payments such as mortgage or Handyline payments. The completion of a transfer is subject to the availability of sufficient funds at the time of final processing. If you do not have enough available funds, you may incur an insufficient funds fee. Please refer to our Deposit Agreement and the Fee Schedule for details. Transfers entered before the cutoff time of 7 p.m. CST are processed on the same bank business day. Transfers entered after the cutoff time or on a non-bank business day are processed on the next bank business day. Transfers submitted and processed from a deposit Account are immediately reflected in your balance for that account.
    2. Limitations and Dollar Amounts For Transfers. Transfers and payments can be made for any amount starting at $1.00 and up to the balance of available funds in your Account. You authorize us to withdraw or debit the necessary funds from your Account on the date you schedule the payment to be initiated or submit a transfer request. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your Accounts at the time of the withdrawal. If you do not have a sufficient balance, we may refuse to complete the transaction. In either case, we reserve the right to impose a non-sufficient funds fee, and no further attempt will be made by us to issue the payment or to process the transfer request. If your attempted payment exceeds the balance of available funds in your Account, it will not be processed. We are under no obligation to notify you if we do not complete a payment or transfer because there are non-sufficient funds in your Account to process the transaction. In all cases, you are responsible for making alternate payment arrangements or rescheduling the payment through the service.
    3. Canceling Online Transfers. You cannot cancel your payment or transfer after it has been entered and e-Banking provides you with a confirmation. However, you can use e-Banking to reverse a transaction after it has been entered. Regarding a payment generated by e-Pay or a transfer generated by External and Third Party Funds Transfer, please refer to the applicable provisions regarding your right to change or cancel a payment or transfer as set forth in the addendum governing such payment or transfer.
    4. Stop Payment. You may use e-Banking to stop payment on a check drawn on an Account in an amount not exceeding $999.99. However, you cannot request a stop payment for a transfer payment initiated and confirmed through any of the e-Banking Services. Please refer to the e-Banking Stop Payment web pages for any additional information regarding a stop payment request and any additional limitations regarding such requests.
    5. Confirmation. Upon submitting a transfer request you will be provided a transaction confirmation number. Absent a confirmation number, you must consider that the transfer request was not properly submitted and you must resubmit it in order for e-Banking to process the request.
  2. External and Third Party Funds Transfer. You may also separately enroll in External and Third Party Funds Transfer service which is a fee-based service enabling you to initiate an External Transfer. You may also use the Funds Transfer services to transfer funds from an Account maintained with us to an account of a third party maintained with (i) us; (ii) Whitney Bank; or (iii) another U.S. financial institution (a "Third Party Transfer). We will waive any External Transfer fee that otherwise would be imposed for transfers of funds from (i) an Account maintained with us in one state to an Account maintained with us in another state, i.e. from an Account maintained in Mississippi and another Account maintained in Alabama or Florida, and (ii) an Account maintained with us to an Account which is maintained with Whitney Bank, our affiliated bank.
3. Line of Credit Advances.
  1. General. You may use the e-Banking Services to obtain an advance from an Eligible Line of Credit (an "Advance"). You may not, however, obtain an Advance to make a loan payment directly on an Eligible Loan Account. Advances from an Eligible Line of Credit only include one-time, immediate advance basis and not on a recurring, scheduled advance basis. The completion of an Advance from an Eligible Line of Credit requires the line of credit to be in good standing and have sufficient credit available at the time of final processing such a request. We do not have an obligation to notify you if we do not complete an Advance because your Eligible Line of Credit lacks sufficient available credit or is not in good standing. Please refer to the Instructions for any limitations placed on the number of Advances and aggregate amount of such Advances available per day. Except to the extent inconsistent with the provisions within this section or the related Instructions, Advances are subject to the terms and conditions generally applicable to Transfers.
  2. Eligible Line of Credit Agreement. You hereby acknowledge and agree that any agreement by which we made the Eligible Line of Credit available to you (an "Eligible Line of Credit Agreement") is hereby amended to include the Advances feature of e-Banking as another means whereby you may obtain a credit advance under the Eligible Line of Credit Agreement, notwithstanding any terms in such agreement for any change in terms to be accepted by a signed writing. You further acknowledge and agree that the terms and conditions of this Agreement which apply to obtaining an Advance using the e-Banking Services shall supplement the terms of any Eligible Line of Credit Agreement.
4. e-Pay. Using this service, you may make one-time or recurring payments online from an Account (depository account) to companies or persons that you select ("Payees"). You must separately enroll in e-Pay Services and agree to the terms and conditions of the e-Pay Addendum.
5. e-Statements. The e-Statement service allows you to replace your mailed paper statement for certain Accounts with an electronic PDF version that you can view, save to your computer or print at your convenience. e-Statements also may include, in our discretion, the delivery or making available to you electronic versions of legal notices and disclosures required to accompany periodic statements of account and other notices or enclosures (collectively, an "e-Statement"). You must separately enroll in e-Statement Services and agree to the terms and conditions of the e-Statement Addendum.
6. Stop Payment. You may use e-Banking to stop payment on a check drawn on an Account subject to certain limitations found either in the e-Banking Instructions or the Stop Payment Addendum. Please refer to the e-Banking Stop Payment Addendum and the Instructions for any additional information regarding a stop payment request and any additional limitations regarding such requests.
7. Other Banking Functions. You may use e-Banking to perform self-service maintenance such as changing your UserID and Password or send us secure online mail messages and questions regarding e-Banking.
Some of these Services may not be available for certain accounts or customers.

Electronic Funds Transfer Provisions

In Case Of Errors or Unauthorized Payments or Transfers

If you believe that an unauthorized transaction has been or may be made from one of your Eligible Accounts,

Telephone us:	1-800-448-8812
Write us:	Hancock Bank Attn: Call Center Post Office Box 4019 Gulfport, MS 39502
E-mail us:	service@hancockbank.com

Also, contact us as soon as you can, if you think:

your statement or transaction record is wrong;
you need more information about a transaction listed on your statement;
an unauthorized person has discovered either your User Id or Password for any of your e-Banking Services; or
any payments or transfers have been made without your authorization.

Our Customer Service Representatives are available from 7 a.m. to 7 p.m., Monday through Friday, excluding bank holidays, and 8 a.m. through 2 p.m. on Saturday. We must hear from you no later than 60 days after we have sent the first statement on which the problem or error appeared. When you contact us, please provide the following information:

your name and account number;
the date and dollar amount of the transaction(s) in question;
the external bank routing number and account number;
the confirmation number assigned any of the Services, if available;
a description of the transaction you are unsure of.

If you tell us verbally, we may require you to send us your complaint or question in writing or via e-mail 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 provisionally 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 provisionally credit your Account.

For errors involving new Accounts we may take up to 90 days to investigate your complaint or question and we may take up to 20 business days to credit your Account for the amount you think is in error.

We will tell you the results within three (3) 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.

Your Liability For Unauthorized Transfers

Tell us AT ONCE if you believe that your User Id and/or Password has or have been comprised. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your Account (plus your maximum overdraft line of credit). If you tell us within 2 business days, you can lose no more than $50 if someone used your User Id and Password without your permission. If you do NOT tell us within 2 business days after you learn that your User Id and Password have been compromised and we can prove we could have stopped someone from accessing your User Id and Password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows payments or 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 hospital stay) kept you from telling us, we will extend the time periods.
Our Liability For Failure To Complete Transactions

If we do not complete a transaction 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:
1. if, through no fault of ours, you do not have enough available funds in your account to cover the payment or transfer or your Account has been closed;
2. if the transfer would exceed your overdraft protection or line of credit limit (if available);
3. if your computer equipment and/or software or e-Banking were not working properly and you knew about the malfunction when you started the payment or transfer;
4. if circumstances beyond our control (such as computer failure, telecommunications outages, fire, flood, loss of electrical power or other natural disasters) prevent us from making or completing a payment or transfer, despite reasonable precautions we have taken;
5. if the funds in an Account from which you attempt to make a payment or transfer are restricted by legal process or other encumbrances;
6. if you attempt to transfer or make a payment exceeding the per day dollar limitations established by this Agreement;
7. if we have reason to believe that you or someone else acting with you is using e-Banking for illegal or fraudulent purposes;
8. if we have security reasons to limit or otherwise refuse the transaction;
9. if either you or we have terminated this Agreement;
10. based upon any other exceptions stated in our Agreement with you.
Other Limitations To Our Liability.
1. Authorized Payments or Transfers. We are not liable for your authorized payments or transfers. When you give someone your User Id and Password, you are authorizing that person to use your e-Banking Services and you are responsible for all transactions the person performs using such services. Transactions from which you benefit are also authorized transactions. Transactions that you or someone acting with or for you initiates with fraudulent intent are also authorized transactions.
2. Access To e-Banking Services. You hereby acknowledge that our ability to provide access to e-Banking using the Internet is dependent upon the Internet and equipment, software, systems, data and services provided by various telecommunication carriers, equipment manufacturers, firewall providers, encryption systems developers and other vendors and third parties. Therefore, we do not warrant access to the Services and/or that the Services delivered over the Internet will operate without interruption or delay and/or be error free, or that all failures of the Services delivered over the Internet can or will be corrected.
3. General Limitation of Liability. To the extent permitted by applicable law or regulation, we hereby disclaim all warranties, express or implied, including warranties or merchantability and fitness for a particular purpose regarding the e-Banking Services. Furthermore, in no event shall we be liable for any special indirect, incidental, or consequential damages whatsoever resulting from the loss or use of data, whether or not advised of the possibility of such loss or damage.
  
  The foregoing limitations to our liability supplement are supplemented by similar provisions contained in other sections of this Agreement.

Cancelling; Terminating; Disabling; Suspending e-Banking and Additional e-Banking Services.

Your access to the e-Banking Services will remain in effect until it is cancelled by you or terminated by us or disabled and/or suspended by us.
1. Cancellation. You may cancel your service at any time by notifying us of your intent to cancel by telephone, in writing or by e-mail as explained in that section of this Agreement titled "Notices." You may cancel one or more of those Additional e-Banking Services in which you separately enroll such as Mobile Banking, e-Pay, External and Third Party Funds Transfer and e-Statements without canceling your access to e-Banking and use of the other e-Banking Services. Cancellation or termination of e-Banking in general works to cancel all of such services including those Additional e-Banking Services. If you notify us verbally, you may be asked to send written notification. Your notice of cancellation will take effect after we receive it and have a reasonable amount of time to act on it.
2. Termination. We may terminate or suspend your access to e-Banking for any reason and at any time.
3. Access Disabled – Inactivity. Regarding inactivity, we will disable your Logon ID if you have not successfully logged onto e-Banking for a continuous period of one hundred and eighty (180) days. Once disabled you must reactivate your e-Banking access by contacting us as provided in the "Notices" section below. If you have not reactivated your e-Banking access within thirty (30) days after we disabled your Logon ID, the Additional e-Banking Services will be suspended and any recurring or non-recurring scheduled payments, pending payments or payments in progress will be terminated as a result. Thereafter, you would need to reactivate e-Banking and any Additional Services (including re-scheduling any recurring or non-recurring payments) to engage in e-Banking using your Accounts.
4. Effects.
  1. Cancellation, termination, or suspension will not stop any transfer, payment or stop payment requests that you previously submitted and that we confirmed. Furthermore, upon cancellation, termination or suspension of your e-Pay Services, all Scheduled Payments (recurring and non-recurring), Pending Payments and payments in process will be stopped.
  2. Please refer to that section titled "Terminating e-Statements; Disabling e-Banking; and Suspending e-Statements for important notices regarding the impact these actions or circumstances may have on the manner in which we make your Account statements and the related notices and disclosures available to you, your obligations, and the manner in which you can gain access to either your electronic or paper Account statements and the related notice and disclosures.
  3. You are responsible for all fees and charges for or arising out of the use of e-Banking and Additional e-Banking Services. Your obligations under this Agreement survive its termination or cancellation. Furthermore, if you cancel after the beginning of a particular month and later cancel your enrollment or subscription to one of the Additional e-Banking Services imposing a monthly fee or charge, you will not be entitled to the reimbursement of all or a prorated fee or charge.
Although we will attempt to notify you of such actions in advance, we are not obligated to do so.

General Provisions.

Monthly Service and Other Charges. You may access your Accounts through e-Banking without incurring a monthly fee or service charge, except as expressly provided in the Personal e-Services Fee Schedule. However, you will incur fees and charges to use certain of the Services or fees and charges arising out of your use of such Services as provided in the Related Agreements. Such fees and charges may include, but are not limited to, fees and charges to process your stop payment requests or fees and charges incurred for a payment or transfer from an Account such as, but not limited to, an excess transaction fee or non-sufficient funds fee. The amount of such fees are disclosed in our current Truth In Savings, Deposit Account Information, Disclosure of Account Terms, which you either received upon establishing your Account with us or as we thereafter supplemented.
Business Days. Our business days are Monday through Friday, excluding bank holidays.
Service Hours. e-Banking is available 365 days a year and 24 hours a day except during system maintenance and upgrades. Should you need personal assistance, our Customer Service Representatives are available from 7 a.m. to 7 p.m., Monday through Friday, excluding bank holidays, and 8 a.m. through 2 p.m. on Saturday.
Credit Information. You acknowledge and agree that we or a third party acting as our agent may obtain and use information from consumer credit reporting agencies in connection with any accounts, products, and services offered by us to investigate or reinvestigate any information provided by you. We may also verify your employment, salary, assets, debts, and references.
No Signature Required. When any transfer, payment, Advance, or other Service generates items to be charged to an Account, you agree that we may debit the applicable account without requiring your signature on the item or without prior notice to you.

Notices. You may provide notice to us of any matter related to or arising out of this Agreement, as follows:

Telephone us:	1-800-448-8812
Write us:	Hancock Bank Attn: Call Center Post Office Box 4019 Gulfport, MS 39502
E-mail us:	service@hancockbank.com

Severability. If any term or provision of this Agreement is found to be unenforceable, it will not make any other term or provision unenforceable. If there is any conflict between any term of this Agreement and applicable law, this Agreement will be considered changed to the extent necessary to comply with such law.
Waiver. You agree that our delay or failure to require your strict performance of any provision of this Agreement will not be considered our waiver of any of the terms of this Agreement or our rights to your strict performance of the same or like provisions, or any other provisions hereof. Any waiver of rights by us must be in writing and signed by our duly authorized representative.
Assignment. You may not assign your rights and obligation under this Agreement to any other person. We may assign the rights and delegate the duties under this Agreement to any entity directly or indirectly affiliated with us now or in the future or to any third parties.
Captions. The captions of sections herein or for other headings are for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.
Governing Law and Venue. We are a banking corporation chartered under the laws of the State of Mississippi and we offer the e-Banking and Additional e-Banking Services to our customers for their Accounts opened and maintained in Mississippi, Alabama or Florida. Accordingly, you agree that the terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict of law provisions.
Construction. Lists of examples are intended as illustrative and not definitive.

Consent to Electronic Delivery of Notices and Disclosures

These Personal e-Banking Services are available only if you accept electronic delivery of (1) disclosures required by law, such as those required under the Electronic Fund Transfer Act, and (2) notices about e-Banking, such as a change of e-Banking terms and conditions, fees or services. If you do not accept electronic delivery, you may not become or thereafter continue as an e-Banking customer.

Electronic delivery means that notices and disclosures may either be:

e-mailed to the e-mail address listed for you on the e-Banking enrollment form or
Posted on our Internet web site – www.hancockbank.com.

You cannot accept electronic delivery of disclosures and notices from us and cannot be a e-Banking customer if you are not able to:

Access disclosures or notices and
Keep (print, download, etc.) a copy of disclosures and notices.

If you agree to electronic delivery, you also agree to notify us of changes to your e-mail address.

To update your e-mail address, to inquire about disclosures or notices, or to get a paper copy of a particular notice or disclosure, e-mail us at service@hancockbank.com, call us at 1-800-448-8812, or write us at Hancock Bank, Attn: Call Center, Post Office Box 4019, Gulfport, Mississippi 39502.

To withdraw your consent to electronic delivery, call us at 1-800-448-8812, write to us at Hancock Bank, Attn: Call Center, Post Office Box 4019, Gulfport, Mississippi 39502, or e-mail us at service@hancockbank.com. If you withdraw your consent, e-Banking privileges will be terminated.