Please read the following agreement carefully.  We recommend you read this agreement before you sign up for Mid Penn Bank's On-Line Banking, (hereafter referred to as MPB On-Line).  If you agree to the terms of this agreement and you wish to sign up for MPB On-Line, you can then complete the enrollment form by clicking on the "accept" button at which time you can complete the enrollment form for On-Line Banking.

 Definitions - As used in this Agreement, the words "we," "our," "us" and "MPB" mean Mid Penn Bank.  "You" and "your" refer to the account holder authorized by Mid Penn Bank to use MPB On-Line under this Agreement and anyone else authorized by that account holder to exercise control over the account holder's funds through MPB.  "Account" or "accounts" means your accounts at MPB.  "Electronic funds transfers" means ATM withdrawals, pre-authorized transactions, point of sale transactions, transfers to and from your MPB accounts using MPB On-Line, including bill payments.  "On-Line Services" means the services provided pursuant to this Agreement, including the Bill Payment Service.  "Business days" means Monday through Friday.  Holidays are not included.

 Agreement - This Agreement, which takes into consideration the On-Line Banking Fees Schedule and Enrollment Form, is a contract which establishes the terms and conditions which govern the following On-Line services, including but not limited to: review balances of your MPB accounts; review account statements; view MPB account histories; transfer funds between your MPB accounts; make stop payment requests; change your address; pay bills from your MPB accounts, in the amounts and on the dates you request, if you have requested the Bill Payment service on your enrollment form; order savings bonds; and other electronic banking services presently or prospectively offered by Mid Penn Bank ("MPB") through Mid Penn Bank On-Line.  If you are applying as a Business or Commercial customer you may be eligible for cash/business management services, subject to existing and required additional agreements.  These services include bill payment, direct deposit payroll, collections, EFT Federal tax payments, ACH receipts/debits, ACH payments/credits, wire transfer requests, FastPay® Inclearings, and file transmission.  Cash/Business Management services are provided only with prior Bank set-up and approval.  The above named services, including Cash/Business Management if applicable, are collectively hereinafter referred to as the "On-Line Services."  By using MPB On-Line or permitting any other person to access and use MPB On-Line you are accepting all the terms and conditions of this Agreement and any instructional material which we provide you regarding the On-Line Services. The terms and conditions of this agreement are in addition to those that apply to any accounts you may have with us, any loan or credit agreements with us, or any other services you obtain from us, including but not limited to signature cards, account and deposit agreements and disclosures, fee schedules and any other agreements with MPB.  The terms of these other agreements continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal laws and the laws of the State of Pennsylvania (except to the extent this Agreement can and does vary such rules or laws).  If there is no applicable federal law or regulation, this agreement will be governed by and interpreted in accordance with the laws of the state of Pennsylvania.  If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.  The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions.  Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.  You may not assign this Agreement.  This Agreement is binding upon you, your heirs and MPB's successors and assigns.  Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.  This Agreement, together with the Enrollment Form and On-Line Banking Fee Schedule, constitutes the entire agreement between you and MPB with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

Joint Accounts - The provisions of this agreement apply if any of your accounts with us is a joint account.  As a holder of a joint account, you are jointly and severally liable under this agreement.  Each of you acting alone, under assigned log-in ID and password may perform transactions, pay bills, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement.  We are not required to obtain the consent of or notify any other joint account holder of you, or about the actions of the other.  However, each of you will only be permitted to access accounts for which you are an owner, joint owner or authorized user.

Access - To use MPB On-Line, you must have at least one loan or deposit account at MPB, access to Internet service, and preferably an E-mail address.  Once we have received your signed Enrollment Form, and verified your account information, we will send you, either in person or by postal mail, confirmation of our acceptance of your enrollment, along with your and temporary password.  MPB On-Line can be used to access only the MPB accounts, which have been designated for access by MPB On-Line in your enrollment.  You can add or delete any of your MPB accounts from this Agreement by completing a Mid Penn Bank On-Line Addition/Deletion of Accounts Form.  To utilize the Bill Payment Service, you must have a checking account.  We undertake no obligation to monitor transactions through MPB On-Line to determine that they are made on behalf of the accountholder.

MPB On-Line - You can use MPB On-Line to check balances in your MPB accounts, view MPB account histories and statements, transfer funds between your MPB accounts, make stop payment requests, change your address, pay bills, and order savings bonds.  Balance and activity information are stated as of the close of the previous business day.  Any account balance marked with an asterisk (*) has been adjusted from the previous day's balance by the amount of all pending (memo) transactions that have not yet been officially posted to your account.  Additional services and enhancements to existing services may be added from time to time by MPB without notice.

Hours of Access - You can use MPB On-Line seven days a week, twenty-four hours a day, although some or all MPB On-Line's services may not be available occasionally due to emergency or scheduled system maintenance.  We agree to post, if possible, notice of any extended periods of non-availability on the MPB On-Line web site.

Your Password - For security purposes, you are required to change your password upon your initial log-in to MPB On-Line.  You determine what password you will use and the identity of your password is not communicated to us.  You agree that we are authorized to act on instructions received under your password.  You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. You will be required to change your password every 180 days. Upon three unsuccessful attempts to use your password, your access to MPB On-Line will be revoked.  To re-establish your authorization to use MPB On-Line, you must contact us to have your password reset or to obtain a new temporary password.

Security - You understand the importance of your role in preventing misuse of your accounts through MPB On-Line and you agree to promptly examine your paper statement for each of your MPB accounts as soon as you receive it.  You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number.  You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account.  Your password and log-in ID are intended to provide security against unauthorized entry and access to your accounts.  Data transferred via MPB On-Line is encrypted in an effort to provide transmission security and MPB On-Line utilizes identification technology to verify that the sender and receiver of MPB On-Line transmissions can be appropriately identified by each other.  Notwithstanding, our efforts to insure that the MPB On-Line Banking System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and could possibly be monitored and read by others.  We cannot and do not warrant that all data transfers utilizing MPB On-Line, or E-mail transmitted to and from us, will not be monitored or read by others. Customers should NOT send account information or items of a confidential nature via e-mail. When sending information of a confidential nature, Mid Penn Bank does provide access to a secure e-mail link from our website. Please be sure that if you are including confidential information in an e-mail to us, that you are using the secure e-mail link.

Fees and Charges - You agree to pay the fees and charges for your use of MPB On-Line as set forth in the current On-Line Banking Fees schedule.  You agree that all such fees and charges will be deducted from the MPB account designated by you as your "Primary Account" on your Enrollment Form.  If you close your Primary Account, you must contact us immediately to designate another account as your Primary Account.  You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement.  You are also responsible for any telephone, cable, satellite and Internet service fees you incur in connection with your use of MPB On-Line.

Posting of Transfers - Transfers initiated through MPB On-Line before 3:00 p.m. (Eastern Time) on a business day are posted to your account the same day. Transfers completed after 3:00 p.m. (Eastern Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day.  MPB On-Line identifies transfers based upon the log-in ID of the user who made the electronic transfer.  Accordingly, you understand and acknowledge that the View Postings screens in both the Transfer and Bill Payer menu options of MPB On-Line will not reflect transfers made by multiple users from the same account if different log-in IDs are used.  You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts in order to avoid overdrafts.

Overdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:

1. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
2. Electronic fund transfers initiated through MPB On-Line which would result in an overdraft of your account may, at our discretion, be cancelled;
3. In the event the electronic fund transfers initiated through MPB On-Line which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

Limits on Amounts and Frequency of MPB On-Line Transactions - The number of transfers from MPB accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts.  If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

MPB On-Line Bill Payment Service (Bill Payer) - You must designate the MPB account from which the payments are to be made; the complete name of the payee, your account number with the payee, (if applicable), and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account.  If the date you want the payment to be debited from your account is not a business day, your account will be debited the next business day.  By using the MPB On-Line Bill Payment Service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, "no signature required draft," or by debiting and remitting funds on your behalf.  You also agree that your MPB On-Line bill payments will be charged to the checking account designated by you.  We reserve the right to refuse to pay any payee designated by you.  If we do so, we will notify you promptly.  Daily bill pay limits may apply.  The default bill pay limit is $5,000 daily.  The bank reserves the right to terminate or deny bill payment service. 

Scheduling MPB On-Line Payments - If the payee is to be paid by paper check (as indicated on the Bill Payer list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until 5 to 8 business days after the date the payment is debited from your account.  If the payee is to be paid electronically (as indicated on the Bill Payer list), you understand and agree that the payee may not receive the payment until 72 hours after the business day the payment is debited from your account.  You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.

Please Note: Any payment made through MPB On-Line Bill Payment Service requires sufficient time for your payee to credit your account properly. To avoid the imposition of finance charges or other late charges by the payee, you must authorize and schedule a payment on a date which is sufficiently in advance of the due date of your payment.  Mid Penn Bank  shall not be responsible for any charges imposed or other action taken by a payee resulting from a late payment, including but not limited to finance charges and late fees.

How to Cancel a Bill Payment - To cancel a bill payment that you have scheduled through MPB On-Line you must cancel the payment on-line via MPB On-Line (by following the onscreen instructions) before 3:00 p.m. Eastern Time on the date the payment is scheduled to be debited from your account.

Stop Payment Requests - Stopping the payment of a check is different from the cancellation of a bill payment.  Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment which has been paid electronically.  You may be able to stop a MPB On-Line bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared.  (You will have to contact us by telephone to determine if the paper draft has cleared.)  If the paper draft has not cleared, we will, within a reasonable amount of time, process your stop payment request.  We will notify you if the paper draft has already cleared.  To be effective, this type of stop payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen.

You may initiate stop payment requests on-line via MPB On-Line only for paper checks you have written (non-electronically) on your MPB accounts (not MPB On-Line bill payer paper drafts).  On-Line stop payment requests made after 3:00 p.m. Eastern Time Monday through Friday, or on a weekend or holiday, will be processed the next business day.  To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check.

Disclosure of Account Information and Transfers - You understand information about your accounts or the transfers you make may automatically be disclosed to others.  For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government.  We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written or other service agencies such as check reporting services.  In addition, we routinely inform credit bureaus about your credit experience with us.  We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to MPB On-Line.  You agree and hereby authorize all of these transfers of information.

Periodic Statements - You will not receive a separate MPB On-Line statement.  Transfers to and from your accounts using MPB On-Line will appear on the respective periodic paper statements for your MPB accounts.

Change in Terms - We may change any term of this Agreement at any time.  We may do so by notifying you by posting a notice at this electronic site or by mail or delivery of a written notice of such amendments or changes.  If the change would result in increased fees for any MPB On-Line service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system.  We will post any required notice of the change in terms on the MPB web site or forward it to you by E-mail or by postal mail.  If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective.  Your continued use of any or all of the subject MPB On-Line Services indicates your acceptance of the change in terms.  We reserve the right to waive, reduce or reverse charges or fees in individual situations.  You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures and agree to accept notification of any and all changes to these accounts by E-mail.

In Case of Errors or Questions About Your Electronic Transfers, Including Bill Payments - Contact us as soon as you can, if you think your paper or electronic statement is wrong, or if you need more information about a transfer listed on your paper statement.  We must hear from you no later than 60 days after we sent the FIRST paper or electronic statement upon which the problem or error appeared.  When you contact us:

1. Tell us your name and account number.
2. Describe the error or 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.
4. If the suspected error relates to a bill payment made via the MPB On-Line Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, tax identification number, and the payee account number for the payment in question.  (This information appears on the Bill Payment View Posting Screen.)

If you contact us by telephone or by E-mail, we may require that you send us your complaint or question in writing by postal mail or fax within 10 business days.

We will communicate to you the results of our investigation within 10 business days after you contact us 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 in the form of a paper writing within 10 business days, we may not provisionally credit your account.

If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation.  You may ask for copies of the documents that we used in our investigation.  If we have made a provisional credit, a corresponding debit will be made from your account.

Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result.  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 a transfer.
2. If a legal order directs us to prohibit withdrawals from the account.
3. If your account is closed, or if it has been frozen.
4. If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts, or exceed the balance in your savings account that has been linked to your checking account for overdraft protection.
5. If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
6. If any electronic terminal, telecommunication device, or any part of the MPB On-Line electronic fund transfer system is not working properly and you knew about the problem when you started the transfer.
7. If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
8. If you have not properly followed the on-screen instructions for using MPB On-Line
9. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
10. If you pay a bill too late to arrive at the Payee's place of business on a timely basis.

Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised in any way, or if someone has transferred or may transfer money from your accounts without your permission.

HOW TO CONTACT US - Telephone (717) 692-2133, E-mail mpbank@epix.net, postal mail Mid Penn Bank, Attn: On-Line Office Manager, 349 Union Street, Millersburg, PA,  17061 or in person at one of our locations.  An immediate telephone call to us is the best way to reduce any possible losses.  You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any).  If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of you password, you can  lose no more than $50 if someone used your password without your permission.

If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.

Disclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the MPB On-Line Services provided to you under this Agreement.  We do not and cannot warrant that MPB On-Line will operate without errors or that any or all MPB On-Line Services will be available and operational at all times.  Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to MPB On-Line, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty.  Further, in no event shall the liability of MPB and its affiliates exceed the amounts paid by you for the services provided to you through MPB On-Line.

When using MPB On-Line to pay bills, you agree that MPB, without prior notice o you, may debit any payment account(s) to pay checks that you have not signed by hand or by legally acceptable form of electronic signature (e.g., digital signature).  When using MPB On-Line to make transfers from credit accounts, you agree that MPB, without prior notice to you, may take any action required to obtain cash advances on your behalf, including charging any credit account at MPB without your handwritten or legally acceptable electronic signature.

Third Party Network Disclaimer - You may not resell or redistribute any services you receive through MPB On-Line, or our other services, or from our suppliers.  You acknowledge and agree that neither MPB nor its suppliers are responsible for the content of your transmissions, which may pass through any Internet Service Provider or over the Internet.  You agree to take reasonable steps to ensure that you will NOT use the services provided to you or the Internet for illegal purposes, for transmission of threatening, obscene, or harassing materials, or to interfere with or disrupt other users, services or equipment.  Disruptions include, but are not limited to, distributing chain letters or mass mailings of unsolicited E-mail ("spamming"), propagating computer worms and viruses, or using the services and the Internet to make unauthorized entry to any other machine.  Violation of the foregoing may result in termination of access rights to the offending party or parties.  We do not warrant that our services, the Internet or our suppliers will be available on a specified date or time or that our services and the Internet will have the capacity to meet your demand during specific hours.  Neither MPB nor its suppliers will be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder.  Neither MPB nor its suppliers will be liable for unauthorized access to MPB's transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of MPB or its supplier's negligence.

Third Party Software; Virus Protection - The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with MPB On-Line (e.g. Quicken®, Microsoft® Money).  The Bank is not responsible for any electronic virus or viruses that you may encounter.  We encourage you to routinely scan your computer, diskettes, and software using a reliable virus product to detect and remove any viruses found.  Undetected or unrepaired viruses may alter, corrupt, damage, or destroy your programs, files, and even your computer.  Additionally, you may unintentionally transmit the virus to other computers, diskettes and software.

Your Right to Terminate - You may cancel your MPB On-Line service at any time by providing us with written notice by postal mail or fax.  Your access to MPB On-Line will be suspended within 3 business days of our receipt of your written instructions to cancel the service.  You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate - You agree that we can terminate or limit your access to MPB On-Line Services for any of the following reasons:

1. Without prior notice, if you have insufficient funds in any one of your MPB accounts.   MPB On-Line service may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
2. Upon reasonable notice, for any other reason at our sole discretion.

Communications Between MPB and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

E-mail: You can contact us by e-mail at MPBank@epix.net (Please note that banking transactions through MPB On-Line are not made via e-mail.)

Telephone: You can contact us by telephone at (717) 692-2133.

Facsimile: You can contact us by fax at (717) 692-4861.

Postal Mail: You can write to us at: Mid Penn Bank, Attn: On-Line Office Manager, 349 Union Street, Millersburg, PA 17061.

In Person: You may visit us in person at any one of our locations:

2101 Market Street, Camp Hill, PA 17011

School Road, Dalmatia, PA  17017

1001 Peters Mountain Road, Dauphin, PA  17018 

4642 State Route 209, Elizabethville, PA  17023

3763 Peters Mountain Road, Halifax, PA  17032

4098 Derry Street, Harrisburg, PA  17111

2615 N. Front Street, Harrisburg, PA 17110

5500 Allentown Boulevard, Harrisburg, PA 17112

17 N. Second Street, Harrisburg, PA 17101

550 Main Street, Lykens, PA  17048 

4622 Carlisle Pike, Mechanicsburg, PA  17055

1100 Spring Garden Drive, Middletown PA 17057

349 Union Street, Millersburg, PA  17061

1 S. Front Street, Steelton PA 17113

545 E Grand Avenue, Tower City, PA 17980

 I ACCEPT       |       CANCEL