The following terms apply to your overdraft line of credit (the "Account") with Bank of Internet USA ("Bank").

Parties. In this Agreement, "you" and "your" mean the borrower and co-borrower named above and anyone else authorized to use the Account or the related checking account shown above ("Checking Account"), or both. "We", "our" and "us" refer to the Bank of Internet USA.

Joint Accounts. If there is more than one party to this Account, each of you agrees to be jointly and severally liable for all advances, finance charges and fees associated with the Account, including charges in excess of your credit limit. Each of you acknowledges that each of you is liable for all amounts owed under this Agreement even if you did not receive any personal benefit.

Using Your Account. We will extend credit to you under the terms and conditions of this Agreement. We will advance funds from your Account to your associated Checking Account if you overdraw your Checking Account, whether intentionally or not. Any checks, electronic debits or other charges presented against your Checking Account, including checks drawn by someone actually or apparently acting for you, will trigger an advance under this Agreement. Without limiting the foregoing, if you obtain cash for or deposit a check which is not drawn on us and the check is later returned to us without payment for any reason, we may charge the amount of the check to your Checking Account and may cover any resulting overdraft by transferring available funds from your Account as provided in this Agreement. We will make advances in increments equal to the amount required to pay any item which creates an overdraft of your account, up to the balance remaining on your Credit Limit.

Credit Limit. You agree not to exceed the credit limit we periodically set for the Account. We may reduce or eliminate your credit limit at any time at our sole reasonable discretion. We may, but are not required to, extend credit in excess of your credit limit. If we do extend credit in excess of your credit limit, it does not create an obligation for us to do so again in the future.

How Finance Charges Are Calculated. You will be required to pay periodic finance charges (interest) on all advances from the date they are posted to your Account until paid. There is no time period during which you may repay any advances without incurring a finance charge (no grace period). We compute the finance charge on your Account by multiplying the Daily Periodic Rate by the Average Daily Balance and then multiply that by the number of days in the billing cycle. To calculate your "Average Daily Balance", we calculate the daily balance for each day in the billing period. To calculate the daily balance for each day, we start the balance at the beginning of each day, subtract any payments or credits received for that day, and add the advances or other debits (including any finance charge or late charge). Then we add all of the daily balances together and divide that total amount by the number of days in the billing period. This gives us the "Average Daily Balance". The Daily Periodic Rate is .049315%, which corresponds to an ANNUAL PERCENTAGE RATE of 18%.

Promise To Pay; Payments Due. You promise to pay us all advances, finance charges and any fees associated with your Account. You may elect to pay the entire amount, or a portion of the amount owing on your Account, for each billing cycle. You must pay at least the minimum payment amount shown on your statement prior to the payment's due date. The current payment will be three percent (3.00%) of the outstanding balance shown on your statement or $25.00, whichever is greater, plus any past due amount and any late charges. We will automatically debit your checking account to make the minimum monthly payment on the payment due date. If on the due date there are insufficient funds to allow us to debit the account for the minimum payment, then we will debit the checking account for any unpaid finance charges, if there are sufficient funds available. If there are insufficient funds to make the minimum payment, then the minimum payment amount shall be past due. Prepayments may be made during any monthly billing cycle, so long as any amount is owing on the Account. You may not make any payment directly or indirectly by an advance on your Account. We cannot accept partial payments designated as "payment in full" and late without losing our rights under this Agreement.

Security Interest. The Account will not be secured, notwithstanding any agreement you may have with us to the contrary. We may exercise the right to setoff amounts due and payable under this Agreement against any other amounts you have on deposit with us, subject to applicable law.

Address Change. You agree to give us advance written notice of any change in your name, address, email, or phone number.

Credit And Employment Information. You authorize us to release information regarding the status and history of your Account to others, such as credit bureaus, merchants and other financial institutions.

Governing Law. This Agreement is governed by federal laws and, when applicable, the laws of the State of California.

Waiver. We may delay enforcing our rights under this agreement without losing them. Any waiver by us shall not be deemed to be a waiver of other rights or of the same right at another time.

Amendment. We may amend this agreement from time to time by sending a notice or an amended agreement via email with a link to our Internet disclosure, or to any of you at the current address shown on our records for this account. Unless we state otherwise, the outstanding balance existing on the effective date of any amendment will be subject to the terms of the amended agreement.

Termination. We may terminate or suspend your account at any time, with or without cause, upon such notice as is then required by law. If your account is terminated or suspended under this provision, you will continue to be liable for all sums owed until the account is paid in full.

Default. If you are in default, we may terminate or suspend your Account and also may require immediate payment in full of the entire Account Balance. You will be in default, without notice to you, if any of the following occurs:

• If you fail to make any payment required by this Agreement or fails to comply with the other terms of this Agreement or any other agreement with us, or any person who has guaranteed your obligations under this Agreement (a "Guarantor") fails to comply with the terms of the guarantee;
• Another creditor attempts to attach, levy on, garnish or seize funds in the Checking Account or other property of yours;
• We have evidence or a reasonable belief that you will be unable to repay your obligation to us or others;
• We have evidence or a reasonable belief that an unauthorized use of the Account or the Checking Account may have or has been made;
• You or any Guarantor dies, becomes incompetent, insolvent or subject to a bankruptcy or receivership proceeding; or
• Your Checking Account is closed by you or by us for any reason.

Unauthorized Use. You agree to notify us if any unauthorized use of the Account has occurred or you believe may occur, whether as a result of loss or theft of any of your checks or otherwise. You agree to notify us as soon as possible, but in no event later than the day of discovery of a loss or theft. Notify us by phone, via email or at the address shown on your billing statements. You agree to tell us what you know about the loss or theft in writing, and you agree to assist us in discovering the circumstances relating to any unauthorized use of the Account.

Severability. If any provision of this agreement is held to be invalid or unenforceable under any law, rule or regulation, that determination shall not affect the validity or enforceability of any other provision of the agreement.

Notices. Any notices we give you shall be deemed given when sent by email to the email address on file or deposited in the U. S. mail, with postage prepaid and addressed to you at your last known address in our records for your Account or Checking Account. Notices to us must be by email to customerservice@bankofinternet.com or sent to the address shown in your most recent billing statement.

Collection Costs. In the event of a default, you agree to pay all collection costs, including legal expenses, our costs and our attorneys' fees (including the allocated costs of in-house counsel), legal expenses and court costs for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and post judgement collection costs and services. Any collection costs we incur will be added to your Account and will bear interest as part of the principal balance of the Account.

YOUR BILLING RIGHTS (keep this notice for future use)

This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.

Notify Us in Case of Errors or Questions About Your Bill.

If you think your bill is wrong, or if you need more information about a transaction on your bill, e-mail us, or write us at our address shown on your bill, attention Loan Department. Contact us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill or when the bill appears online on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.

In your email or letter, give us the following information:

• Your name.
• The dollar amount of the suspected error.
• Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about.
• Do not include your account number.

If you have authorized us to pay a bill automatically from your checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter or e-mail must reach us three business days before the automatic payment is scheduled to occur. Alternatively, we recommend that you stop payment online. Please see the Electronic Funds Transfer Services Agreement and Disclosure for more information about stopping electronic transfers.

Your Rights and Our Responsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct.