Personal Internet Banking

Terms and Conditions - HSBC Bank USA, N.A.

The following Terms and Conditions govern your use of Personal Internet Banking offered by HSBC Bank USA, N.A. (HSBC) for accounts held at HSBC. "HSBC" means HSBC Bank USA, N.A. or any of its subsidiaries or affiliates that hold a Linked Account or provide Personal Internet Banking Services. By using Personal Internet Banking, you agree to these Terms and Conditions. You may print this document for your files or you can request a copy by mail by calling Customer Service at 1-800-975-HSBC (1-800-975-4722). Representatives are available 24 hours a day, 7 days a week. Or you can write to: HSBC Bank USA, National Association, P.O. Box 2013, Buffalo, NY 14240.

Types of Available Transfers and Services
Here's what you'll be able to do on your computer with Personal Internet Banking:

• Obtain account balances, transaction and statement information as of the close of business on the preceding Business Day. However, the available balance for Deposit, HSBC Premier with Sweep Account, Asset Management Account, Commercial Asset Management Account, Money Market Fund Account, Brokerage, Credit Card, Charge Card and Line of Credit accounts is up to the moment, except debits initiated from a checking account for Bill Payments will not be reflected in the available balance until the next Business Day.
• Review transaction information for the last twenty-four months or two years of statement periods for deposit accounts (ie. a savings account with a quarterly statement would display eight statement dates). Review transaction information for the last twelve statement periods for revolving credit accounts, and the last twenty-four months, or fifty transactions for mortgage accounts.
• Download transaction information to a Personal Financial Manager such as Microsoft^® Money or Quicken^® by following the online instructions accessible through the "Download a File" menu selection under View Accounts.
• Make transfers from your checking, savings or other asset accounts or revolving credit accounts to your checking, savings or other asset accounts, HSBC revolving credit, installment loan or mortgage accounts.
• Make international transfers from your HSBC (checking or savings) account to your (checking or savings) account at any participating HSBC Group office abroad. Available only to qualified participants in HSBC’s Premier International Services program.
• Access information on HSBC products and services.
• Obtain a summary of checking, savings, money market, CDs, IRAs, or other asset accounts, revolving credit cards, installment loans and mortgage accounts.
• Send Bank Mail (secured e-mail) to us.
• Register for the Bill Pay service to pay bills or make payments from your account to a business or person in the United States.
• Register for the Bank to Bank Transfers service to transfer funds to or from your HSBC accounts and any other account held by you at another U.S. financial institution.
• Maintain an online Register for your checking and savings accounts to categorize transactions and generate reports.
• If you are registered for Bill Pay, you may also register for EasyView to aggregate, or bring together, most of your online accounts in one place. This includes your HSBC accounts displayed on Personal Internet Banking as well as your online accounts from other sites. To register for EasyView, log-in to Personal Internet Banking and click EasyView in the left navigation.
• View, print and download electronic deposit statements by enrolling in the eStatement service, which will also cancel your paper statement.

Account Access
Access information about the following types of Accounts:

• Checking Accounts
• Savings Accounts
• Certificate of Deposit Accounts (CDs)
• Individual Retirement Accounts (IRAs)
• Investment Accounts
• Line of Credit Accounts
• Installment Loans
• Mortgages
• Credit Cards
• Charge Cards
• Home Equity

Accounts Not Eligible for Access

• Fiduciary accounts
• Any account that requires two or more signatures.
• Any account in the name of a child under 18 years of age.

Any person you have authorized to access your Personal Internet Banking Account is authorized to:

• Accept these Terms and Conditions, as amended from time to time
• Access each eligible Account of yours in any manner and for any purpose available through Personal Internet Banking, whether now available or available at some time in the future.

You agree that any eligible Account opened at a future date will automatically be linked.

Removal of Account Access
You may remove access to any Account by notifying HSBC by Bank Mail or in writing.

Your Password
Your password is used to identify you when accessing Personal Internet Banking. Your Password acts as your signature.

You can change your Password at any time. For your protection, you should memorize your Password and not keep any notation of your Password on or with your computer. The Password assures that only you, or someone to whom you give your Password, can access your Personal Internet Banking Account. You agree not to give your Personal Internet Banking Username or Password to anyone you do not authorize to use your Personal Internet Banking Account. If you do, you will be responsible for any money withdrawn or transferred from your Accounts when such person uses your Password.

If any of your Accounts are joint accounts or have additional authorized signers, each owner, or authorized signer whom you wish to have access to your Personal Internet Banking Account, must know the Password. This will give that person access to your Accounts.

You understand and agree that each owner of an Account is jointly and individually responsible for all Personal Internet Banking transactions that affect that Account.

Limitations on Frequency of Transfers and Dollar Amounts
You may use Personal Internet Banking and the Bill Pay service as often as you want. Internet transfers or Bill Payments must not exceed your Available Balance in the Account on the day the transfer is made, unless you have authorized HSBC to use your usable balance from your HSBC Premier with Sweep Account, or your Asset Management Account, or your Commercial Asset Management Account, or your Money Market Fund Account, or your Money Market Mutual Fund Account, or available credit from your MasterCard®, VISA®, Select Credit Account or Express Line Account. Transfers from your line of credit account are subject to the terms of the credit agreement. If you make Personal Internet Banking transfers from your savings account to another of your Accounts, those transfers are counted as telephone transfers and are subject to the Transfer Limits contained in the Rules for Deposit Accounts. If you exceed the transfer limits, then HSBC may be required to close your savings account and transfer the balance to a checking account.

Transfer Processing

Funds for international transfers may not be made available on the day the transfer is executed by HSBC and foreign currency transfers are subject to foreign exchange settlement processing which may take up to two business days.
* International Transfers are available only to qualified participants in HSBC's Premier International Services program.

You may cancel a future transfer by finding the transfer in 'Scheduled Transfers'. Select an account or a date range to narrow your search. Select the transfer by clicking on the date, and then you can modify or delete the transfer.

HSBC may reject a transfer instruction if there are insufficient Available Funds in your Account, or in the usable balance in your HSBC Premier with Sweep Account, Asset Management Account, Commercial Asset Management Account, or Money Market Mutual Fund Account, or available credit on your related line of credit, or for any other reason. In the event of insufficient Available Funds on a future transfer, a Bank Mail notification will be sent to you.

The Bill Pay service lets you use your accounts to pay a bill or to make payments to a business or other payee. You agree not to use the Bill Pay service to make any tax payments or any court-ordered or directed payments to a payee that has a mailing address outside the U.S. and you agree that if you attempt such payments, HSBC and its agents will not be responsible for that payment.

Bill Payment Processing

By registering for the Bill Pay service, you authorize HSBC and its agents to follow the payment instructions you have provided using your Personal Internet Banking Account. You will provide HSBC with the names, addresses, phone numbers and account information of those persons or entities to whom you wish to make a Bill Payment. When you initiate a Bill Payment, you authorize HSBC to charge your account on a Business Day provided in the transaction and to remit funds to the payee on your behalf electronically, provided electronic payments are permitted and accepted by the payee. If the payee does not permit and accept electronic payments, then those funds will be remitted to the payee through the use of a paper check issued by HSBC or its agent and payable to the payee. Such paper check will state that it represents a payment from you and will indicate the account number of your account with the payee.

Payments scheduled before 1:00 p.m. Eastern Time, Monday through Friday (excluding federal holidays), will be processed on that day. Payments scheduled after 1:00 p.m. Eastern Time will be processed on the next business day.

Payments can be sent to payees in one of three ways: electronically, by check or by laser draft. As a number of different factors are considered to determine how the payment will be sent, we cannot tell which method of payment will be used until the payment is processed. Based on factors considered, our payment system selects the most appropriate method.

Electronic payments are sent whenever possible and your checking account is debited on the business day after the process date selected for that payment. If a payee accepts checks only, an individual corporate check is sent and your checking account is debited for the payment amount on the business day after the process date selected for that payment. In some cases, a laser draft is printed with your checking account number and sent to the payee. When a payment is sent in the form of a laser draft, your checking account is debited for the payment amount when the payee presents the check for payment to HSBC.

While it is anticipated that most Bill Payments will be processed and completed on the Business Day after your selected Bill Payment Process Date, it is understood by you that due to circumstances beyond the control of HSBC, such as delays by the payee and the payee's bank or agent in handling and posting Bill Payments, some Bill Payments may take longer to be posted to your account at the payee. For this reason, HSBC recommends that you select a Bill Payment Process Date which is at least five Business Days before the actual due date of the payments. You agree that HSBC will not be responsible for any Bill Payment that is received or posted by the payee after the grace period or that results in a late charge or penalty being assessed by the payee if you did not follow this recommendation. In such event, you agree that you shall have the sole risk of incurring and the sole responsibility for paying any and all late charges or penalties assessed by the payee.

Only payees with United States addresses may be paid using the Bill Pay service. We reserve the right to limit the frequency and dollar amount of transactions from your accounts.

You may use Bill Pay service to authorize automatic recurring payments of recurring bills. These payments must be for the same amount each month and they will be paid on the same calendar day of each month, or on the next Business Day if the regular payment day falls on a weekend or holiday.

Your Right to Cancel (Stop Payment) a Bill Payment
You can cancel or stop a single Bill Payment anytime before the Bill Payment Process Date for that payment through the use of Personal Internet Banking. If the Bill Payment is a recurring payment set up on the Bill Pay service, then you can cancel that Bill Payment: (1) Through the use of Personal Internet Banking as long as the request is received before the Bill Payment Process Date of the next recurring Bill Payment, (2) By calling us at 1-800-975-HSBC (1-800-975-4722), or (3) By writing to: HSBC Bank USA, National Association, PO Box 2013, Buffalo, NY 14240. We must receive your call or written request at least 3 (three) Business Days before the Bill Payment Process Date of the next recurring Bill Payment. If you call, we will require you to put your request in writing and get it to us within 14 calendar days after you have made the request. If you order us to cancel a recurring Bill Payment three Business Days before the Bill Payment Process Date of the next recurring Bill Payment and we do not do so, then we will be liable to you for your losses or damages. Once a recurring bill payment is cancelled, all future payments to that payee will be cancelled and you must reschedule it if you want a Bill Payment to be made in the future.

Bank to Bank Transfers Service

Bank to Bank Transfers ("Service") offered by HSBC and CashEdge Inc. ("service provider") allows you to transfer funds to or from your HSBC accounts and any other account held by you at another U.S. financial institution – referred to in these terms as 'Accounts' – assuming, of course, that the transfer is permitted by your financial institution and by law. Bank to Bank Transfers can only be completed between accounts that are owned by the same account holder. In order to use Bank to Bank Transfers, you have to be a Personal Internet Banking ("Personal Internet Banking") customer of HSBC. Details of applicable limits can be found on the Bank to Bank Transfers section of the website.

1. Acceptance of Bank to Bank Transfers Terms

These terms apply when you use Bank to Bank Transfers. HSBC reserves the right to change the Terms under which the Service is offered in its sole discretion at any time; however, HSBC will notify you of any material change to the Terms. In most cases, you will receive the notice online the next time you log in; however, HSBC reserves the right to notify you by e-mail or by conventional mail, at its discretion. You agree that if you continue to use the Service after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Service. You can review, download and print the most current version of this Agreement at any time by clicking on the Terms and Conditions link located in the footer of the Personal Internet Banking Web site.  If you do not agree to the changes, or if at any time you wish to discontinue your use of the Service, you can unsubscribe by clicking on 'Remove Bank to Bank Transfers' located under Change Profile in the Personal Internet Banking left hand navigation. You can also send a secure 'BankMail' from Internet Banking or call our Customer Relationship Center at 1-800-975-HSBC (1-800-975-4722), to unsubscribe from this service. Representatives are available 24 hours a day, 7 days a week and will be happy to help.

2. Information Authorization

HSBC and our service provider reserve the right to obtain such additional information as we deem reasonably necessary to insure that you are not using our Service in violation of law, including, but not limited to, laws and regulations designed to prevent 'money laundering' or the transfer of funds to accounts that are blocked under regulations of the Office of Foreign Assets Control (OFAC) of the United States Treasury Department.

Once you are approved for Bank to Bank Transfers, we may verify the Accounts that you add to the Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be both credited to and debited from the Account. The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.

Once the test transfer is complete, we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts by requiring the entry of information you ordinarily use to access the Account provider's web site, or by requiring you to submit proof of ownership of the Account.

3. User Content

Subject to HSBC's Privacy Policy, you agree that HSBC may use, copy, modify, display and distribute any information, data, materials or other content (the "Content") you provide to HSBC for the purpose of providing the Service, and you hereby give HSBC a license to do so. By submitting Content, you represent that you have the right to license such Content to HSBC for the purposes set forth in this Agreement.

4. Accounts

You understand that in order to complete Bank to Bank Transfers, it is necessary for HSBC and our service provider to access the websites and databases of your bank and other institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and effect the fund transfers you request. By using the Service, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to effect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party rights. You warrant and represent that the information you are providing us with is true, current, correct and complete. You hereby authorize and permit HSBC and our service provider to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the Accounts.

For as long as you are using the Service, you give to HSBC and our service provider a limited power of attorney and appoint HSBC and our service provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Accounts, effect funds transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person. Once HSBC and/or our service provider has actual knowledge that you wish to cease using the Bank to Bank Transfers service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by HSBC and/or our service provider in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.

You understand and agree that at all times your relationship with each Account provider is independent of HSBC and your use of the Bank to Bank Transfers. HSBC will not be responsible for any acts or omissions by the financial institution or other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.

YOU ACKNOWLEDGE AND AGREE THAT WHEN HSBC AND OUR SERVICE PROVIDER IS EFFECTING A BANK TO BANK TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, HSBC AND OUR SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that HSBC, its affiliates, service providers and partners shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR BANK TO BANK TRANSFERS INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.

Not all types of accounts are eligible for the Bank to Bank Transfers service. Be sure to check with your financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from Bank to Bank Transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.

5. Electronic Communications

A. General Consent; Categories of Records. Bank to Bank Transfers is an electronic, Internet-based service. Therefore, you understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:

• This Agreement and any amendments, modifications or supplements to it.
• Your records of Bank to Bank Transfers and other transactions through the Service, including without limitation confirmations of individual transactions.
• Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.
• Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.
• Any other communication related to the Service.

Although HSBC reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Service.

B. How to Withdraw Consent. If you have registered for the Service and you wish to withdraw your consent to have Communications provided in electronic form, you must cancel any pending transfer requests (within the time period permitted by the Service cancellation policies) and stop using the Service.

C. How to Update Your Records. You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, by using the Change Profile page in Personal Internet Banking.

D. Delivery of Electronic Communications. Communications may be posted on the pages of the Service website or other website disclosed to you and/or delivered to the e-mail address you provide. Any electronic Communication sent by e-mail will be deemed to have been received by you when HSBC sends it to you, whether or not you received the e-mail. If the Communication is posted on the Service, then it will be deemed to have been received by you no later than five (5) business days after HSBC posts the Communication on the pages of the Service, whether or not you retrieve the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by HSBC's e-mail server to the appropriate e-mail address. An electronic Communication made by posting to the pages of the Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.

E. E-mail Requirements. In order to access and retain Communications, you must have:

• An e-mail account and e-mail software capable of reading your e-mail.

6. Privacy Policy and Confidentiality

In order to provide Bank to Bank Transfers, we must obtain from you certain personal information about you, your Accounts, and your transactions (referred to herein as "User Information"). You represent that you have the right to provide such User Information and that you give us the right to use the User Information.

You can see a full description of our privacy policy by clicking on the "Privacy" located in the footer of the Personal Internet Banking web site.

7. Business Days

The Service will process requests for transfers on business days. The business days for Bank to Bank Transfers are Monday through Friday.Federal Reserve Bank Holidays are not included.

8. Transfer Types and Limitations

A. Types of Transfers

You may use this service to transfer funds to or from an HSBC account and another account held by you at another U.S. financial institution or an approved service provider investment account via the web. Transactions may be scheduled to occur one time, for a future date, or recurring.

Some of these services may not be available at all times. We may from time to time make available additional or new features to the Service, including but not limited to, a next day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. Please ensure that you have sufficient funds to effect any Bank to Bank Transfers from your Accounts. We may at any time decline to effect any Bank to Bank Transfer that we believes may violate applicable law.

B. Dollar Amount of Transfers

You may not make Bank to Bank Transfers in excess of limits described on the Service. We reserve the right to change from time to time the dollar amount of the Bank to Bank Transfers you are permitted to make using our Service. Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provided herein (see "Suspension and Reinstatement of Bank to Bank Transfers" below), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.

C. Transfers Subject to the Rules of the Accounts

Additionally, all Bank to Bank Transfers are also subject to the rules and regulations governing the relevant Accounts. You agree not to effect any Bank to Bank Transfers from or to an Account that are not allowed under the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.

9. Rejection of Transfers

We reserve the right to decline to effect any Bank to Bank Transfer, to submit Bank to Bank Transfer instructions or orders or to carry out change or cancellation requests.

10. Authorization

You authorize us to select any means to execute your Bank to Bank Transfer instructions. You understand that to effect your Bank to Bank Transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts. Once your Account has been debited, we credit our service provider's transfer account at the service provider's clearing bank. After our service provider and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases this is usually between 3-4 banking days), our service provider will credit your Account. The sole purpose for our service provider's transfer account is to complete your Bank to Bank Transfer requests and for performing the services within the scope of this Agreement. The service provider earns no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our service provider to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.

You understand and agree that we may from time to time impose additional charges in connection with your Bank to Bank Transfers transactions. HSBC will notify you of such fee in advance of the transaction and according to applicable rules and regulations. If you choose to proceed with the transaction, you authorize HSBC to debit your account in the amount indicated.

In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement.

You understand and agree that in the event we are unable to execute your Bank to Bank Transfers request utilizing the ACH, we may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or check.

11. Suspension and Reinstatement of Bank to Bank Transfers

In the event that we at any time incur a problem with your use of the Service, including without limitation a failure in attempting to debit any of your Accounts or to collect with respect to any of your Bank to Bank Transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect itself from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Agreement (see "Error Reporting and Claims," below). We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, HSBC in its sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see "Dollar Amount of Transfers," above).

12. Documentation

You may access a statement of all Bank to Bank Transfers effected or pending at any time by clicking on the 'History' tab located within the Bank to Bank Transfers service. If a Bank to Bank Transfer could not be completed, HSBC and/or our service provider, upon learning that the Bank to Bank Transfer has failed, will make a reasonable effort to complete the transfer. If the Bank to Bank Transfer fails a second time, we will notify you to contact your financial institution or other provider of the relevant Account to learn more about the failure.

13. Your Responsibility for Errors

You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit Bank to Bank Transfer instructions on your behalf. You understand that financial institutions receiving the Bank to Bank Transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, HSBC reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

14. Error Reporting and Claims

Refer to the Personal Internet Banking 'terms and conditions' located in the footer of the Personal Internet Banking web site for Error Resolution procedures concerning your personal HSBC accounts. We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the Account. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.

15. Proprietary Rights

You acknowledge and agree that HSBC and/or our service provider own all rights in and to the Bank to Bank Transfers. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile HSBC and/or our service provider's Bank to Bank Transfers or any of HSBC's and/or our service provider's services or technology.

16. No Unlawful or Prohibited Use

As a condition of using the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

17. Service Changes and Discontinuation

We may modify or discontinue the Service or your use of the some or all accounts within the service, with or without notice, without liability to you, any other user or any third party. We reserve the right, subject to applicable law, to terminate your account within the Service and your right to use the Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of HSBC and/or our service provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Services. We reserve the right to charge a fee for the use of the Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of our Bank to Bank Transfers.

You may remove any account within the Service with HSBC at any time by clicking on "Remove Bank to Bank Transfers" located under 'Change Profile' in the Personal Internet Banking left hand navigation. You can also send a secure 'BankMail' from Internet Banking or call our Customer Relationship Center at 1-800-975-HSBC (1-800-975-4722), to unsubscribe from this service. Representatives are available 24 hours a day, 7 days a week and will be happy to help.

18. Service Charges

19. Security Procedures

You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of Bank to Bank Transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.

20. Deviating from Security Procedures

You agree to allow us to authorize any financial institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition you agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications.

21. Account Number Policy

If Bank to Bank Transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.

22. Joint Account Holder

By using Bank to Bank Transfers, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for the Service. We will end your use of the Service if any joint account holder notifies us that (i) they never consented to your use of our Bank to Bank Transfers service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the joint account.

23. Means of Transfer

You authorize us to select any means we deem suitable to provide your Bank to Bank Transfer instructions to the applicable financial institution. These choices include banking channels, electronic networks, and funds transfer systems. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as automated clearinghouse (ACH) as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period and if any interest is earned will be the property of HSBC.

24. Our Liability

If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account. HSBC is not responsible or liable if your financial institution's system fails and we are unable to complete the transfer. Except as otherwise required by law, HSBC shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of HSBC hereunder.

You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any Bank to Bank Transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the Bank to Bank Transfer and the Bank to Bank Transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the Bank to Bank Transfer would exceed the credit limit on any applicable overdraft line.

You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a Bank to Bank Transfer or if the HSBC website was not working properly and you knew about the breakdown when you started the Bank to Bank Transfer.

25. Your Right to Cancel a Bank to Bank Transfer

You can cancel or stop a single Bank to Bank Transfer anytime before the debit transaction is sent to the Federal Reserve Bank through the Bank to Bank Transfers service via Personal Internet Banking. If the transfer is a recurring transfer set up on the Bank to Bank Transfers service, then you can cancel that Transfer through the use of ‘Bank to Bank Transfers’ via Personal Internet Banking as long as the request is received before the Process Date of the next recurring transfer. Once a recurring transfer is cancelled, all future transfers will be cancelled and you must reschedule it if you want transfers to be made in the future.

26. Limitation of Warranty and Liability

YOU UNDERSTAND AND AGREE THAT OUR BANK TO BANK TRANSFERS SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE BANK TO BANK TRANSFERS SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BANK TO BANK TRANSFERS SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON THE HSBC WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BANK TO BANK TRANSFERS SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE BANK TO BANK TRANSFERS SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE BANK TO BANK TRANSFERS SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE BANK TO BANK TRANSFERS SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE BANK TO BANK TRANSFERS SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

27. Indemnification

You agree to indemnify, defend and hold harmless HSBC, its service provider, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Bank to Bank Transfers service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your Accounts, of any intellectual property or other right of any person or entity.

28. Miscellaneous

You understand and agree that our service provider is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the Bank to Bank Transfers; and that you are rightfully authorizing us to access the Accounts.

You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. HSBC's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of HSBC's right to subsequently enforce such provision or any other provisions of this Agreement.

The most current version of this Agreement as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Bank to Bank Transfers service. This Agreement may be amended, or any of HSBC's rights waived, only if HSBC agrees in writing to such changes, or you continue using the Bank to Bank Transfers service following receipt of notice of any changes proposed by HSBC. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Services, at HSBC's discretion. All notices to HSBC must be made in writing and sent to HSBC via registered or certified mail.

HSBC Bank USA, N.A.
P.O. Box 2013
Buffalo, NY 14240

This Service and these Terms are personal to you and may not be assigned to anyone by you.

If either of us has any dispute or disagreement with the other regarding this Service that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association. This Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Electronic Funds Transfer Provisions for Consumers

The provisions in this section apply only to electronic funds transfers that debit or credit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an 'EFT'). HSBC may rely on any exceptions to the provisions in this section that are contained in Regulation E. All terms not otherwise defined in these Terms and Conditions which are defined in Regulation E will have the same meanings when used in this section as they do in Regulation E.

Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:

• If you notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $50 or the amount of unauthorized EFTs that occur before notice to us.
• If you fail to notify us within two business days after learning of the loss or theft of your password, your liability will not exceed the lesser of $500 or the sum of:
  • $50 or the amount of unauthorized EFTs that occur within the two business days, whichever is less; and
  • The amount of unauthorized EFTs that occur after the close of two business days and before notice to us, provided we establish that these EFTs would not have occurred had you notified us within that two-day period.

• You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittalof the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceedthe amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, and that we establish that they would not have occurred had you notified us within the 60-day period. You may, as applicable, also be liable for the amounts described in the two immediately preceding paragraphs.
• If your delay in notifying us was due to extenuating circumstances, we will extend the times specifiedin the three immediately preceding paragraphs to a reasonable period.

Telephone Number and Addresses
The telephone number and address to be used to notify HSBC when you believe that an unauthorized EFT has been or may be made are:

• Customer Service at 1-800-975-HSBC (1-800-975-4722) (24 hours a day, 7 days a week)
• Or you may write to HSBC Bank USA, National Association, PO Box 2013, Buffalo, NY 14240

Your Right to Receive Documentation of Transfers
You will receive a monthly statement in the mail for each Account, unless you have chosen to receive eStatement service. Your statement will reflect all your transactions, including your Personal Internet Banking transactions. If you have registered for the Bill Pay service, your monthly statement will reflect bill payments.

Liability for Failure to Complete Personal Internet Banking Transactions

If we do not complete a Personal Internet Banking Transaction on time or in the correct amount according to this agreement with you, we will be liable for your losses or damages caused by such failure but not for any special or consequential damages, unless required by applicable law. However, there are some exceptions. We will not be liable for any indirect, incidental, special or consequential damages if our failure was not intentional and resulted from a bona fide error, notwithstanding our procedures to avoid such error, for instance:

• IF you do not have enough available funds in your Account to make your transfer, unless you have authorized HSBC to use your usable balance from your HSBC Premier with Sweep Account, your Asset Management Account, your Commercial Asset Management Account, your Money Market Mutual Fund Account, or available credit from your MasterCard®, VISA®, Select Credit Account or Express Line Account.
• IF your computer malfunctions.
• IF the Web Browser or the processing center of HSBC or its agent that is used for Personal Internet Banking is not working properly and you knew or were advised by HSBC or its agent about this when you made the Internet Banking Transaction.
• IF circumstances beyond our control (such as fire, flood, computer failure or interference from an outside force) prevent the Personal Internet Banking transaction from being properly made or completed.
• IF your Password or Username has been reported lost or stolen or we have reason to believe that the Personal Internet Banking transaction is unauthorized.
• IF the transaction would violate any applicable provision of any risk control program or applicable policies, procedures or practices, or government regulations.
• IF we have reasonable cause not to honor for our protection or for yours.
• IF your Personal Internet Banking access has been suspended.
• IF the funds in your Account are subject to legal process or other encumbrance restricting the transfer.
• IF the Bill Payment Process Date is not at least 5 (five) Business Days prior to the due date of such payment.
• IF the payee has a mailing address outside the U.S. or if the Bill Payment is to pay any taxes, or to make a court-ordered or directed payment.

There may be other exceptions stated in our agreements with you.

Electronic Statements Enrollment Agreement

By enrolling in the eStatement service to view and print selected statements for your designated accounts, you agree that:

• You will receive an email alert - HSBC Bank USA, National Association (HSBC) is authorized to send you an email alert when your periodic online statement is ready. It is your responsibility to inform us of any changes to your email address.
• Personal Savings and Checking accounts - Personal Checking accounts must be enrolled in Record Check (your checks are not returned to you) to be eligible to receive an eStatement. Personal Savings accounts are eligible for eStatements.
• Only the statements you select will have an eStatement - Any statement shown on Personal Internet Banking that does not have the electronic statement indicator selected will continue to be delivered through the U.S. Mail.
• For Personal Savings and Checking accounts your paper statement will no longer be mailed - After a period of 60 days, HSBC will no longer deliver the selected statement(s) to you via U.S. Mail.

By clicking "I agree" during the eStatement enrollment process you, the account owner or authorized representative of the designated account(s), confirm that: (1) You have the available software and equipment required to view and print your statements. (2) You have provided a valid email address to receive notifications that your electronic statement is available. (3) You agree to receive the statement(s), you have indicated, electronically and you agree to be bound by the terms of this agreement.

Accessing eStatements

HSBC will send electronic notice to the email address provided and deliver selected periodic account statements to your HSBC Personal Internet Banking account. You will have access to an electronic version of your account statement(s) for up to 12 months. This service provides you with the flexibility to print and save account statements that are made available online. You may select electronic delivery of one or all of the listed statements.

Your paper statement for Personal Savings and Checking accounts will continue for 60 days

For a period of 60 days from the date you select electronic delivery of a Personal Savings and/or Checking account statement, HSBC will continue to also deliver the selected statement(s) to you via US Mail. After 60 days, the delivery by U.S. mail will be discontinued and statements will be delivered electronically only. At your request, HSBC will send you a paper copy of your electronic statement previously delivered through the Personal Internet Banking service at any time. HSBC's standard fee then in effect and charged for paper delivery copies of account statements will apply. Paper copies of electronic statements can be requested by contacting HSBC's Customer Relationship Center at 1-800-975-4722 or other location as HSBC may advise. A request for a paper copy does not cause a termination of the electronic statement service. A paper copy of electronic statements can be obtained until the copy is no longer required to be maintained as a record for the designated account under applicable law or regulation.

Joint personal account holders

Each joint account holder may sign up to receive eStatements individually. Delivery of personal Savings and Checking paper statements will stop 60 days after either one of the joint owners of the account enrolls in the eStatement service. To cancel the eStatement service, both owners of the account must request the change.

You may continue to receive paper disclosures The selected account(s) through Personal Internet Banking, HSBC, at its discretion, may deliver statements in paper form to your last postal mailing address of record, as well as certain paper disclosures, account records, agreements and other information for your designated account(s).

HSBC will send an email alert when your eStatement is available The only notice that you will receive advising you that your electronic periodic statement has been posted to Personal Internet Banking will be by email alert sent to the single, specific email address selected and confirmed and validated by you upon enrollment. One attempt will be made to notify you by email that your electronic statement is available to view. If the email address provided is returned as "undeliverable", you will be prompted to enter a new email address the next time you attempt to use the eStatement service in Personal Internet Banking. This email will be the only notice you will receive and no other notice will be sent. Any and all notices sent by HSBC to the email address will constitute sufficient and effective delivery to you and all owners of the information contained in your electronic statement whether or not you access or review the notice, Personal Internet Banking site or specific electronic statement, and shall be deemed to have been delivered to you personally, whether actually received or not. You agree to maintain access to Personal Internet Banking in a manner that gives you continuous ability to access, review and print your electronic statements and to receive and access all notices sent to you at the designated email address. It is your sole responsibility to advise HSBC immediately of any changes or updates to the designated email address. There are certain risks associated with the transmission of email notices through the Internet including but not limited to unauthorized access, system outages, delays, disruption in telecommunications services and the Internet. Email is not private or secure. The email notice sent to you by email is an unencrypted, automatic notice. Although the notice is not intended to contain personally identifiable confidential financial information, it may contain in its design, part or all of your name or other identifier, which could be seen or intercepted by others if delivered to your business address or other computers or electronic devices not exclusively under your control. Do NOT respond to the email notices by return email, or use the reply function to request information, service, paper copies or other items or to revoke consent. HSBC will not be responsible to act upon requests made in that manner.

Canceling the eStatement service

You or any designated account owner may revoke consent for the electronic statement service for one or more designated accounts at any time by unenrolling your accounts through the eStatement Modify Settings page located in HSBC's Personal Internet Banking. Electronic posting of your electronic statement on Personal Internet Banking and transmission of related email notices will continue until: (1) termination of the electronic statement service, (2) termination of your designated account with HSBC, or (3) termination of your Personal Internet Banking service with HSBC. HSBC may terminate the electronic statement service for any or all designated accounts at any time. Upon such termination, delivery of paper copies of account statements will resume within a reasonable time. Termination of the electronic statement service does not affect the validity or legal effect of any electronic statement delivered to you or any owners of the account(s) through Personal Internet Banking. Termination of the electronic statement service does not terminate the Personal Internet Banking service unless otherwise so stated.

Hardware and Software Requirements

You agree that you have or will have access at all times to a personal computer capable of supporting at your cost; high level browser encryption, Internet access, a valid email address, and Personal Internet Banking. You must also have access to Adobe Acrobat Reader to utilize PDF files.

If the method of electronic delivery by HSBC changes so as to require additional software, upgrades, plug-ins or additional security features in your hardware of software system used by you, you may terminate the electronic statement service or you agree to upgrade your hardware or software system to the required standards.

If HSBC determines that a change to the electronic statement service concerning any future system or hardware enhancement creates a material risk that you may not be able to access or retain a subsequent electronic record, HSBC will notify you of such change and allow you to withdraw consent for this electronic statement service, whereupon HSBC may terminate this service until you choose to enroll again in this service and deliver a new consent to participate in this service by accepting HSBC's online consent form posted on Personal Internet Banking.

You understand that your accessing electronic statements through Personal Internet Banking and receiving email notices may incur certain costs associated with email, electronic access, downloading, online time and subscription costs associated with Internet and telecommunications service providers, paper and printing costs, and equipment or software upgrades if necessary. You agree that you will pay all such costs and expenses in connection with your use of the electronic statement service.

Consent to this agreement

By clicking the "I Agree" button at the bottom of the Electronic Statements Enrollment Agreement you represent to HSBC that you are authorized as the owner or on behalf of the owner of the designated account(s) to consent to electronic delivery of account statements and accept the terms of this agreement.

In Case of Errors or Questions About Your Personal Internet Banking Transactions
If you think your Account statement sent to you by HSBC or transaction information obtained by you through Personal Internet Banking is wrong or if you need more information about a Personal Internet Banking transfer listed on that statement, contact us as soon as possible. You must notify us no later than 60 calendar days after we sent, or you obtained through Personal Internet Banking, the first statement in which the problem or error appeared. Call the telephone number on your statement or 1-800-975-HSBC (1-800-975-4722), 24 hours a day, 7 days a week.

You may also write HSBC at:

HSBC Bank USA, National Association
PO Box 2013
Buffalo, NY 14240

1. Tell us your name and the 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. Tell us the date the error occurred.

If you inform us verbally, we may require that you send us your complaint or question in writing within 10 Business Days.

We will report back to you within 10 Business Days after we hear from you and will correct any error promptly. If we require more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 Business Days for the amount you think is in error, so that you can use 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 do not have to re-credit your Account.

If a notice of error involves a Personal Internet Banking transaction that occurred within 30 days after the first deposit to the account was made, the time period for action listed above will be 20 Business Days in place of 10 Business Days and the time period for investigation will be 90 calendar days in place of 45 calendar days.

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 your Account is in the joint names of you and one or more other persons, then each of you will be responsible for Personal Internet Banking transactions made by any of you.

Indemnification

Except to the extent that we are liable under these Terms and Conditions or an agreement that governs an Account of yours, if you are an owner of an Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an Account or the performance of Personal Internet Banking, Check Register, or Bill Pay Services. This indemnification is provided without regard to whether our claim for indemnification is due to the use of Personal Internet Banking by you or your authorized representative.

Limitation of Liability

Except as specifically provided in these Terms and Conditions or where applicable law requires a different result, NEITHER WE NOR OUR SERVICE PROVIDERS OR OTHER AGENTS WILL BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING IN WHOLE OR IN PART FROM ANY ACT OR FAILURE TO ACT OF YOUR EQUIPMENT OR SOFTWARE, OR THAT OF AN INTERNET BROWSER PROVIDER, OR BY AN INTERNET ACCESS PROVIDER, BY AN ONLINE SERVICE PROVIDER OR BY AN AGENT OR SUBCONTRACTOR FOR ANY OF THEM, NOR WILL WE OR OUR SERVICE PROVIDERS OR OTHER AGENTS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF YOUR ACCESS TO OR USE OF, OR FAILURE TO OBTAIN ACCESS TO PERSONAL INTERNET BANKING, CHECK REGISTERS OR BILL PAY SERVICES.

Bank Mail (Secured Email)

We will respond to your Bank Mail promptly after we receive it. Do not use Bank Mail if you need to contact us immediately. Call us at 1-800-975-HSBC (1-800-975-4722). We may use Bank Mail to communicate occasional updates of new features, surveys and special offers from HSBC.

Recording of Phone Calls and Email

You authorize HSBC and its agents to record or copy any phone call made to or Email sent to HSBC concerning Interent Banking.

Fees
Personal Internet Banking and the Bill Pay service is FREE to all HSBC Customers. Your Internet service provider may charge fees. Electronic transaction charges may apply. Please refer to your account agreement.

Business Accounts on Personal Internet Banking
You acknowledge that HSBC offers Business Internet Banking and Hexagon for business accounts. Business Internet Banking and Hexagon provide additional security features. Personal Internet Banking is primarily intended for consumer accounts. Business Internet Banking provides built-in security features permitting you to establish transfer and account access limitations that are not available on Personal Internet Banking. You have chosen not to use Business Internet Banking and have authorized HSBC to accept funds transfer instructions affecting your business accounts by Personal Internet Banking.

You acknowledge responsibility for all funds transfers affecting your business accounts initiated using Personal Internet Banking. HSBC shall have no duty to verify the identity of the person or persons using your Personal Internet Banking Account to transfer funds and transact on your business accounts other than the standard authentication security procedures provided for Personal Internet Banking.

You shall at all times indemnify, defend and hold HSBC harmless from and against all actions, proceedings, claims or loss, damage, costs and expenses which may be brought against HSBC or incurred by HSBC and which shall have arisen in connection with the instructions transmitted by Personal Internet Banking relating to your business accounts.

Changes to the Terms of the Agreement
HSBC may change this Agreement by electronically sending to you a Bank Mail notice, mailing to you a notice or posting a notice of such change in an HSBC branch where you maintain your Account. However, if the change results in (1) increased or new fees or charges, (2) increased liability for you, (3) fewer types of available Personal Internet Banking services, or (4) stricter limitations on the frequency or dollar amounts of transfers, then, unless the change must be made immediately for security reasons, at least 30 days before the effective date of the change HSBC will either electronically send you a Bank Mail notice or mail a written notice to you.

Any notice to you will take effect when it is personally delivered to you or by Bank Mail to you by Internet Banking or mailed to the last address we have for you in our records.

Other Rules
Personal Internet Banking transactions are also subject to HSBC account agreements and rules, and your access and use of Personal Internet Banking is also subject to these Terms and Conditions.

Termination
HSBC may cancel your Personal Internet Banking access without prior notice if there has been no Personal Internet Banking activity for a period of 6 consecutive months or for any other reason. HSBC may suspend your Bill Payment service without prior notice if there has been no Bill Payment activity for a period of 3 consecutive months or for any other reason. You may cancel the EasyView Service at any time by sending a request for cancellation via the secure e-mail form on the EasyView site. Upon confirmation of your request, your EasyView account will be cancelled and all your account information will be deleted. Please keep in mind that extended periods of inactivity may also result in your EasyView account being cancelled. HSBC may also cancel all or part of Personal Internet Banking.

Assignment
We may assign our rights under this Agreement to a company affiliated with us or to any other party.

Applicable Law
This Agreement shall be governed by the laws of the State of New York and applicable federal law and regulations.

Effective: 02/11/08