FIRST PRIVATE WEBSITE TERMS OF USE

By using the firstprivatebankoftexas.com website (the “Website”) you agree to be bound by these Terms of Use. We may revise these Terms of Use from time to time, without notice, by updating this page. You can review the Terms of Use at any time by visiting the Terms and Conditions link at the bottom of any page on our Website. Your continued access and visit to this Website after we post a change or update constitutes your acknowledgement and acceptance of such change or update. The words you and user refer to all individuals and/or entities accessing this Website for any reason.

Users may not use the Website to transmit, distribute, store, or destroy materials in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret, or any other intellectual property rights of others or violate the privacy, publicity or other personal rights of others or that is defamatory, obscene, threatening, or abusive. Users are prohibited from violating or attempting to violate the security of this Website. The Website may be used only for lawful purposes by individuals seeking First Private Holdings, Inc. or First Private Bank of Texas product(s) or information.

For security purposes and to ensure that this service remains available to all users, this computer system employs software programs to monitor network traffic, to identify unauthorized attempts to upload or change information, to cause damage, or to deny service to authorized users. Unauthorized attempts to upload information or change information on this site are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act. Please read these Terms and Conditions carefully and keep them for future reference.

FIRST PRIVATE ONLINE BANKING TERMS AND CONDITIONS

Please read these Terms and Conditions carefully and keep them for future reference.

Definitions. The words you and your refer to either and all of the persons who signed the Online Banking the Application. The words we, us, and our refer to First Private Bank of Texas ("FPBT"). The words your deposit accounts refer to the deposit accounts with us identified in the Online Banking Application. The words your loan accounts refer to the loan accounts with us on which either or all of you are obligated to us. The words your accounts refer to your deposit accounts and your loan accounts. The words our Internet service refer to our First Private Online Banking. The word terms refers to these Terms and Conditions. ACH refers to Automated Clearing House.

Security Statement. We are committed to using the latest technology to provide secure transactions through our Internet banking service and to protect your personal information and privacy.

Hardware and Software Requirements. In order to provide you with our service, you will be required to use a Secure Sockets Layer (SSL) compliant browser, such as Netscape Navigator Version 4.06 or higher or Microsoft Internet Explorer Version 4.0 or higher set for 128-bit encryption. Your online banking sessions will be encrypted. Encryption allows information to be processed into a coded sequence with multiple variables for secure transmission. Sessions are encrypted when the closed-lock symbol appears. For Netscape Navigator, this is a KEY symbol in the lower left-hand corner of the screen. For Microsoft Internet Explorer, this is a PADLOCK symbol in the lower right-hand corner of the screen. Any Web address beginning with "https://..." indicates the page you are viewing uses encryption. The "s" stands for "secured."

You are responsible for the installation, maintenance and operations of your computer and its software. FPBT is not responsible for any errors or failures from any malfunction of your computer or the software. We are also not responsible for any computer virus or related problems that may be associated with the use of any online system. FPBT recommends the use of manufacturer recommended virus detection software.

Additional Security Measures. FPBT employs firewall technologies to protect your information and our computer systems from outside access and make the structure of our internal networks invisible to outside observers. The firewall provides a second layer of security, selectively permitting or blocking traffic between the Internet and the protected network. Specifically, the firewall shields the server from any unauthorized Internet traffic. Only messages addressed to the secure server can pass through the firewall - all other traffic from the Internet is rejected.

We have additional security measures that may be activated in response to certain activities or events. If we are suspicious of any online behavior, we may restrict online access to accounts or prevent certain types of transactions. These measures safeguard your identity and your accounts. Further proof of identity may be required before online access is restored.

In addition, we recommend that you log off after each online banking session. In order to reduce the risk of others accessing your information from your unattended computer, First Private Online Banking will automatically log you off from our system after 10 minutes of inactivity.

Access to Accounts Via the Internet. Subject to the terms set forth below, we will provide you with our Internet service pursuant to which you can access your accounts using your username and password.

We strongly recommend that you protect your confidential username and password by not sharing them with anyone. You will be responsible for any transfers initiated by anyone using your identification information, such as your username and password. We may ask you to provide other information in order to safeguard your session. Through our service you will be able to accomplish the following:

• Transfer funds between your deposit accounts
  
• Make payments from your deposit accounts to your loan accounts
  
• Make payments from your deposit accounts to third parties pursuant to our Online Bill Payment Program described below
• Get information about your accounts, such as account balances or information on deposits or withdrawals
• Communicate with us by e-mail

Online Bill Payment Program. Except as otherwise provided in a separate written agreement (which will be required for payments via ACH), the following outlines the Terms and Conditions of our Online Bill Payment Program:

• You may create payments to be sent on the day you enter the payment information (up until 12:00 noon Central Time), on a future date or on a recurring date, subject to the restrictions in these Terms and Conditions.
  
• You are responsible for providing complete, correct, and current account numbers or other identifying information so that we can properly complete each transaction.
  
• Generally, unless otherwise specified for a particular payee, you must schedule any check payment to be sent at least five (5) business days, or any electronic payment to be initiated at least three (3) business days, before the payment's actual due date (not including any grace period). We cannot be responsible for payments that are delayed via the United States Postal Service.
  
• Any payment scheduled to be sent on a weekend will be processed on the business day immediately proceeding the weekend. Any payments scheduled to be sent on a holiday will be processed on the business day immediately proceeding the holiday.
  
• Bill payments may only be made to payees with United States addresses.
  
• Certain payments should not be made through the online bill payment service, including, but not limited to, tax and court ordered payments.
  
• After a payment is created, we will remit your payment by electronic funds transfer or by mailing your payee a check. The determination regarding whether your payment is remitted electronically or by check depends on your payee. If your payee is equipped to receive electronic funds transfers and you elected to use electronic payee information at the time you set up the payee, your payment will be remitted in that format; if not, your payment will be in the form of a check. (The bill pay service will allow you to determine which payment option will be used for each of your payees).
  
• Unless otherwise required by law, we will not be liable for indirect, special, or consequential damages for failure to mail, or erroneous or untimely mailing, under this program.
  
• For an electronic payment, your account will be debited the same day that the payment is sent (the scheduled payment date). Electronic payments submitted after 12:00 noon Central Time will be sent and your account debited the next business day. If funds are not available at the time an electronic payment is initiated, the payment will not be processed; in that event the payment will be processed when sufficient funds are available, unless you cancel the scheduled payment.
  
• Check payment funds will be debited from your account when the check clears your account at the bank. Check payments will be handled in the same manner as checks written out of your checkbook, i.e., if a check payment processed on your account overdraws the account, an overdraft fee may be applied.
  
• We may refuse to act on your instructions if sufficient funds (including funds available under any overdraft line of credit) are not available in your designated account on the date you want us to initiate a payment.
  
• To cancel either an electronic payment or a check payment, you must do so prior to the scheduled payment date. Once funds have been processed by the payee, the transaction is non-reversible.
  
• You will incur no additional charges for our Online Bill Payment Program.
  

Stop-Payment Orders. To be effective, a stop-payment order must be received in time to allow us a reasonable opportunity to act on it. For certain ACH debits such instructions must be received at least three (3) banking days before each scheduled date of transfer. To be effective, a stop-payment order must identify the payment sufficiently to allow us a reasonable opportunity to act on it. If a payment is by check, an oral stop-payment order will not be effective, i.e. a stop-payment order will be effective only if in writing. If a payment is by ACH debit and we give notice at the time an oral stop-payment order is received that written confirmation is required, and provide an address where the written confirmation can be sent, an oral stop-payment order will be effective for 14 calendar days only, unless confirmed in writing within the 14-day period. A properly signed written stop-payment order will be effective for 12 months after date received and will automatically expire after that period, unless renewed in writing. With respect to ACH debits, you and we agree to abide by the ACH rules and regulations regarding stop-payment orders.

We will charge you $25.00 for each stop-payment order you initiate.

Hours of Operation. You ordinarily can participate in our Internet service 24 hours a day, 7 days a week. However, we reserve the right to suspend our Internet service from time to time as we deem appropriate.

Transaction Posting. Transactions entered on our website on or before 8:00 p.m. Central Time on any business day will be posted on the same day. A transaction entered on our website on a weekend, a federal holiday or after 8:00 p.m. Central Time on a business day will be posted by the end of the next business day.

Assignment and Delegation. We may assign our interest and responsibilities under this agreement, delegate our responsibilities under this agreement, and use independent contractors to perform or assist in the performance of our responsibilities under this agreement, as we deem appropriate.

Limitations on Frequency of Transfers. In addition to limitations on transfers elsewhere described, the following limitations apply:

Regardless of anything else in this or other agreements, transfers and withdrawals from a money market account to another of your accounts or to third parties by preauthorized, automatic, telephonic, or computer transfer are limited to six (6) per calendar month or statement cycle of at least four weeks, with no more than three (3) being by check, draft, debit card, or similar order to third parties.

For security reasons, other limitations may apply to the number of transfers you may make.

Termination. You may terminate your use of First Private Online Banking, in whole or in part, at any time in person or by writing to us at First Private Bank of Texas, 8201 Preston Road, Suite 200, Dallas, TX 75225. You must notify us at least five (5) business days prior to the date on which you wish to have the service terminated. If you have scheduled payments to occur within this five (5) day period and do not want them to clear your account, you must also separately cancel those payments. If we have not completed processing your termination request and you have not otherwise canceled a payment, you will be responsible for payments initiated before termination.

We may terminate your use of First Private Online Banking in whole or in part, at any time, if you fail to comply with these Terms and Conditions and/or the Terms and Conditions regarding your accounts with us. Termination will not affect your liability for obligations under the Terms and Conditions of your account occurring prior to the date of termination.

Changes in Terms. We may change these terms by giving you notice as required by law. Continued use of our Internet service by you after notice of a change in terms constitutes acceptance of the change.

Notices. Notices must be in writing and mailed or hand delivered, except that we may give them to you electronically if you have so consented. Notices to you are effective when given, regardless of whether you receive them. Notices to us are effective only when we actually receive them.

Irreconcilable Conflicts. These terms supersede those of your deposit or loan account agreements to the extent the terms cannot be reconciled. You expressly waive any deposit account agreement requirements of one or more signatures for withdrawal when using our Internet service. Any one of the persons authorized to make withdrawals from your deposit accounts is authorized to make transfers pursuant to our Internet service, even if your account agreements provide that multiple signatures are required for withdrawal.

FEES

Except as indicated elsewhere in this or other agreements or disclosures, we do not charge for our Internet service.

DOCUMENTATION

Periodic Statements. You will get a monthly account statement from us for your deposit accounts.

FINANCIAL INSTITUTION'S LIABILITY

Liability for Failure to Make Transfers. If we do not complete a transfer to or from your account on time and in a correct amount according to our agreement with you, we will be liable for your losses or damages. Certain exceptions apply. We will not be liable, for instance:

1. If, through no fault of ours, you do not have sufficient funds in your account to make a transfer;
2. If you have an overdraft line, and the transfer would cause the credit limit to be exceeded;
3. If circumstances beyond our control, such as interruption of telecommunication service, catastrophic or emergency conditions, or a natural disaster (such as a fire or flood), prevent a transfer, despite reasonable precautions that we have taken; or
4. If funds are subject to legal process or other encumbrance restricting a transfer.
   

Except as expressly required by these terms or otherwise required by law, we will not be liable for any losses or damages resulting from:

1. Deficiencies in your computer hardware or software or in your ability or care in using them; or
2. Problems relating to your access to the Internet.
   

CONFIDENTIALITY

First Private Bank understands that your trust in us is our most important asset. In order to protect that trust, we treat all client information as confidential and safeguard it at all times.

We may disclose information to third parties about your account or the transfers you make:

1. If 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 agency or court orders; or
   
4. As explained in our Privacy Section.

UNAUTHORIZED TRANSFERS

Consumer Liability. Notify us immediately if you believe your identification information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your account. Contact by telephone is the best way to minimize your potential of losses. If you tell us within 2 business days after you learn of the loss or theft of your identification information, you can lose no more than $50 if someone uses your identification information without your permission. Otherwise, you could lose all the money in your account (plus your maximum overdraft line of credit).

If you do NOT tell us within 2 business days after you learn of the loss or theft of your identification information, and we prove we could have stopped someone from using your identification information without your permission if you had told us, you could lose as much as $500.

If your statement shows transfers that you did not make, notify us at once. If you do not notify 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 notified on a timely basis.

If a good reason (such as a long trip or a hospital stay) prevents your notifying us, we will extend the time period accordingly.

Contact in Event of Unauthorized Transfer. If you believe your identification information has been lost or stolen, call or write us at the telephone number or address listed below. You should also call the number or write to the address listed in this brochure if you believe a transfer has been made using the information from your account without your permission.

ERROR RESOLUTION NOTICE

In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below, as soon as you can. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.

1. Tell us your name and account number (if any).
   
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
   
3. Tell us the dollar amount of the suspected error.
   

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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 question or complaint in writing and we fail to receive written notification within 10 business days, we may not credit your account. Your account will be considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before that account is opened.

We will tell you the results within three (3) business days after completing our investigation. If we determine that no error occurred, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

FIRST PRIVATE BANK OF TEXAS
8201 PRESTON ROAD, SUITE 200
DALLAS, TEXAS 75225
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: (972) 348-6100