ESB Bank

Attention: expressBanking

600 Lawrence Ave

Ellwood City, PA   16117

* You are able to access information that is provided in the same manner as the information and the Services via the Internet.

DEFINITIONS

The following definitions apply in this Agreement.

"On-line Banking" is the Internet-based service providing access to your account(s) under the terms set forth in this Internet Banking Terms and Conditions Agreement.

"On-line Account" is an ESB Bank account from which you will be conducting transactions using a Service.

"Bill Payment" is the Internet-based service providing payments to ESB Bank or to third parties from your designated ESB Bank account(s).

"Bill Pay Account" is the transaction account from which you are initiating a Bill Payment.

"Business Day" refers to Monday through Friday, excluding holidays as determined by ESB Bank. All On-line transaction requests received after 7:00 p.m. EST, or on a non-Business Day, will be processed immediately, but will not appear in the online history until the following Business Day.

"Password" is a series of numbers and/or letters that you select after the initial sign-on that establishes your connection to the Service.
"Payment Initiation Date" is the date you enter into On-line Banking when setting up a bill payment.

"Time of day" references are to Eastern Standard Time.

"We", "us", "our" or "ESB Bank" refer to ESB Bank, which offers the Services provided under this Agreement and holds the accounts accessed by the Services.

ACCESS TO SERVICES
ESB Bank will provide on-line instructions describing how to use the On-line Banking Service or Bill Payment Service. To gain access to this Service you will need your Access ID and your pass codes.

HOURS OF OPERATION

The Services are generally available 24 hours-a-day, 7 days a week, except during special maintenance and upgrade periods, which routinely are scheduled between 12:00 a.m. and 5:00 a.m. Monday mornings.

USE OF YOUR SECURITY PASS CODES

The safety of our customers' accounts and account information is of paramount importance to ESB Bank. We go to great lengths to protect confidentiality and the security of your account, and urge you to do the same. You agree not to allow anyone to gain access to the Services or to let anyone know your pass codes used with the Services. You agree to assume responsibility for all transactions initiated through the Services with your ESB Bank User-ID, up to the limits allowed by applicable law. While ESB Bank continues to provide our customers with the level of on-line security we believe necessary and appropriate, customers who share their User-IDs and pass codes are giving up the full benefit of our security measures and legal protections to which they may be entitled. No ESB Bank representative will ever call and ask for your Access ID or User Pass Codes.

IF YOUR PASS CODES HAVE BEEN LOST OR STOLEN

If your pass codes have been lost or stolen, call ESB Bank immediately at 1-888-479-BANK, between 8:30-4:30 Monday-Friday. Telephoning ESB Bank is the best way of minimizing your losses. You may also restore the security of your Service by immediately changing your pass codes. If you believe your pass codes have been lost or stolen and you notify us within two Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your pass codes to conduct unauthorized electronic funds transfers without your permission. If you do NOT notify us within two Business Days after you learn of the loss or theft of your pass codes, and we can prove we could have stopped someone from using your pass codes to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.

BANKING TRANSACTIONS WITH ON-LINE BANKING

In addition to viewing account information, you may use On-line Banking to conduct the following transactions:

* Transfer funds among your linked checking, savings, money market, loan and line of credit accounts.

NOTE: Because regulations require ESB Bank to limit pre-authorized transfers (including On-line Banking transfers), the following limitations apply:

* Statement Savings Account-- You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer, or by telephone or On-line Banking.

* Money Market Savings Account-- You can make no more than six (6) transfers per statement period by pre-authorized or automatic transfer or by telephone or On-line Banking, and no more than three (3) of these may be by check, draft or debit card.

* Initiate bill payments.

New services may be introduced for On-line Banking from time to time. ESB Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.



BILL PAYMENT SERVICE

The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated on-line Bill Pay Account to third parties you wish to pay and who accepts Bill Payment Services.
Through the Bill Payment Service, you can pay bills from your Bill Pay Account to:

* Business Payees-- any business, merchant, or professional that generates a bill or invoice for products or services provided to you on your behalf and that has an address we can verify.
* Individual Payees-- payments made to individuals, family, or friends for non-business purposes.

You may set up the following types of bill payments:

* Single Payments-- a payment to be made to a payee one time.
* Recurring Payments-- payments of fixed amounts to a single payee at recurring intervals (e.g., weekly, bi-weekly, monthly, bi-monthly, quarterly, annually or semi-annually).

All payments you make will be deducted from the account that you designate as your Bill Pay Account on the Payment Initiation Date. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict or limit the number of transactions processed through this Service from time to time. Further, we reserve the right to check your credit history at enrollment and obtain follow up credit history reports at a later date.

You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments (e.g., alimony or child support payments). Payments, additional fees, fines, penalties or other losses associated with payments to these payees that are delayed or improperly addressed or credited are your sole responsibility.

Funds must be available in your Bill Pay Account, including overdraft lines of credit, on the scheduled Payment Initiation Date. If the Payment Initiation Date falls on a non-Business Day (i.e., Saturday, Sunday or holiday), funds must be available in your Bill Pay Account the following Business Day (i.e., Monday). After funds are withdrawn from your Bill Pay Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.

If your Bill Pay Account does not have sufficient available funds to make a payment as of the Payment Initiation Date, the payment will be canceled and no further attempt will be made by ESB Bank to make the transfer or payment. ESB Bank will attempt to notify you by e-mail or U.S. Postal Mail, but ESB Bank shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient available funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Bill Payment Service. In the case of recurring payments, only the payment currently scheduled will be canceled. Recurring payments scheduled for future dates will not be affected. In the event you have sufficient funds to make some, but not all, of the bill payments scheduled for a particular payment date, ESB Bank may use such method as ESB Bank, in its sole discretion, may elect in determining which payments to complete.

You must schedule the Payment Initiation Date at least four (4) Business Days before any Payment Due Date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee. If the actual due date falls on a non-Business Day, you must select a scheduled payment date that is at least one (1) Business Day prior.

If the session during which you schedule a payment or transfer ends by 7:00 p.m. EST, ESB Bank will be considered to have received it on that day. Otherwise, it will be considered received the following Business Day. For all entries made using the service, the time recorded by the On-line Banking service controls.

You may cancel or change a scheduled payment by using the payment screens in the Bill Payment Service. Payments must be changed or canceled using the Bill Payment Service prior to 7:00 p.m. EST on the Business Day the transaction will be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we will charge you a stop payment fee to stop the bill payment. Stop payment orders, whether oral, written, or electronic, will be in effect for a period of six months. If requested by ESB Bank, you will confirm any stop payment order in writing within 14 days. After six months, any stop payment will terminate and must be renewed to continue in effect. ESB Bank may pay any item that is presented following the lapse of any stop payment order.

BILL PAYMENT GUARANTEE

ESB Bank reserves the right to refuse any transaction if the Bank believes such refusal is necessary for security reasons, without any liability for damages or fees. However, if we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will reimburse you for any late payment fees or penalties you are charged up to a maximum of $50.00 per scheduled payment. In order for you to be eligible for reimbursement, you must meet each of the following conditions:

* You must properly schedule the payment to be initiated on a date at least four (4) Business Days prior to the bill's actual due date. This means that you must initiate a Single Payment before 7:00 p.m. Eastern Standard Time on a Business Day at least four (4) days prior to the bill's actual due date. For recurring payments, this means that you must allow additional time for months in which weekends or holidays reduce the number of Business Days between the recurring Payment Initiation Date and the bill's actual due date.

* You must provide us with the correct Payee name, address, phone number and account information, and with the correct payment amount.

* On the Payment Initiation Date your checking account must contain sufficient available funds, including overdraft lines of credit, to complete the payment.

* The late payment fee or penalty, or the method of its calculation, must be published by the payee prior to the bill's actual due date.

* The Service will not process any payments less than $1.00 or greater than $99,999.99

* You can schedule a Payment Due Date up to a year in advance.

STATEMENTS

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.

IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE

If your statement shows transfers that you did not make, notify ESB Bank immediately at 1-888-479-BANK, address an e-mail to customer@esbbank.com  or write a letter and send it to:

ESB Bank
Attention: expressBanking
600 Lawrence Ave.
Ellwood City, PA   16117
If you do not notify ESB Bank within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if ESB Bank had been notified in time.

ERRORS AND QUESTIONS

In case of errors or questions regarding an On-line Banking or Bill Payment transaction, you may call ESB Bank at 1-888-479-BANK, address an e-mail to customer@esbbank.com or write a letter and send it to:

ESB Bank
Attention: expressBanking
600 Lawrence Ave.
Ellwood City, PA   16117

We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared. We will need:

* Your name and account number.
* A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information.
* The dollar amount of the suspected error.
* The date on which it occurred.

If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days from your initial contact. We will notify you with the results of the investigation within ten (10) Business Days after you contact us and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) Business Days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) Business Days from your original contact, we may not credit your account until the investigation is completed.

If your notice of error concerns a transaction that occurred during the first 30 days after the first deposit to the account was made, the applicable time periods are 20 Business Days in place of 10 Business Days and 90 calendar days in place of 45 calendar days.

If we determined that no error occurred, we will send you a written notice within three (3) Business Days. You may request copies of the documents that were used in the investigation.

You agree that ESB Bank may respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by ESB Bank shall be considered received within three (3) Business Days of the date sent by ESB Bank, regardless of whether or not you sign on to the Service within that time frame.

LIMIT OF ESB BANK'S RESPONSIBILITY

ESB Bank agrees to make reasonable efforts to ensure full performance of On-line Banking. ESB Bank will be responsible for acting only on those instructions sent through On-line Banking which are actually received, and cannot assume responsibility for circumstances over which the bank has no direct control. This includes but not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. ESB Bank is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.

Any information you receive from ESB Bank is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. ESB Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.

ESB Bank is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing On-line Banking. ESB Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

The limit of ESB Bank's liability shall be as expressly set forth herein. Under no circumstances will ESB Bank be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.

ESB BANK 'S RESPONSIBILITY

ESB Bank will be responsible for your actual losses if they were directly caused by our failure to:

However, we will not be responsible for your losses if:

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
ELECTRONIC MAIL (EMAIL)

If you send ESB Bank an electronic mail message through the Service, ESB Bank will be deemed to have received it on the following Business Day. Emails will be answered within a reasonable timeframe.

You should not rely on electronic mail if you need to communicate with ESB Bank immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).

You agree that ESB Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by ESB Bank shall be considered received within three (3) days of the date sent by ESB Bank, regardless of whether or not you sign on to the Service within that time frame.

OTHER AGREEMENTS

In addition to this Agreement, you and ESB Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your On-line Accounts. Your use of the On-line Banking service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at ESB Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures. We will automatically deduct any fees related to this Service from your Bill Pay Account each month. All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor's Agreement and Terms and Conditions apply to this Service.

MODIFICATIONS TO THIS AGREEMENT

ESB Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.

DISCLOSURE OF INFORMATION TO THIRD PARTIES/ PRIVACY POLICY

A copy of ESB Bank's Consumer Privacy Statement is available upon request at any of our branches, or can be mailed to you upon request by calling ESB Bank at 1-888-479-BANK, or writing a letter and sending it to:

ESB Bank
Attention: expressBanking
600 Lawrence Ave.
Ellwood City, PA  16117

You can also access our Policy online by clicking on the Privacy Policy icon on the ESB Bank Website.

INACTIVITY / TERMINATION

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your On-line Banking privileges (including the Bill Payment Service) under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.

If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180 day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

To cancel the On-line Banking and/or Bill Payment Service, you must notify ESB Bank. Your notification should include your name, address and the effective date to stop the service(s). When Bill Payment is terminated, any pre-scheduled bill payments made through On-line Banking will also be terminated. Your final charge for the Bill Payment Service will be assessed at the end of your statement cycle. You may notify ESB Bank by one of the following methods:

* By initiating a customer inquiry through our Web site
* By calling 1-888-479-BANK
* By writing a letter and either sending it to:

ESB Bank
Attention: expressBanking
600 Lawrence Ave.
Ellwood City, PA   16117

GOVERNING LAW

This Agreement is governed by the laws of the state of  Pennsylvania and applicable federal law(s).

FEE SCHEDULE

ESB Bank offers the benefits and convenience of the On-line Banking service and Bill Pay Services to you at no monthly charge. Account research and stop payment charges will be assessed at the rates published in ESB Bank's Schedule of Charges & Minimum Balance Requirements Brochure and deducted from your Bill Pay Account or another account you hold at ESB Bank.

These fees are subject to change. ESB Bank will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.


Agreement Last Revised: February 1, 2007

 These disclosures required by federal law apply to you if you have contracted for one or more of the following ESB Financial Corporation electronic services. As a consumer who uses electronic funds transfer (EFT) services, you have certain rights and responsibilities.  These rights and responsibilities are defined by the Electronic Fund Transfer Act (15 U.S.C. 1693, Et seq.) and Regulation E of the Federal Reserve Board.
 
TYPES AND LIMITATIONS OF TRANSFERS  Our services allow you to ask that recurring deposits which you designate, such as Direct Deposit of Wages, Social Security Benefits, Pension Payments, Dividend Payments and similar recurring payments be deposited directly into your:

In addition, it may be possible to arrange with some merchants, insurance companies, banks, credit unions and other financial institutions, to have your recurring bills paid automatically with a preauthorized payment (a debit to your account) from your:

CONSUMER’S RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS  If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call at (724) 758-5584 to find out whether or not the deposit has been made.
 
STATEMENT ACCOUNTS  If the Direct Deposit was made or if the electronic transfer was made to or from your statement account, the transactions will appear on your monthly statement. (Could be a quarterly statement if there were no transactions for the month).
 
PASSBOOK ACCOUNTS  If the Direct Deposit was made or if a transfer was made to or from your passbook account, you can bring us your passbook and we will record any electronic transactions that were made to your account since the last time your book was presented.  You may also call at (724) 758-5584 to find out whether or not a transfer has been made to any of your accounts with us.
 
RIGHT TO STOP PAYMENT AND PROCEDURE FOR DOING SO  If you have told us in advance to make a regular payment out of your account, you can stop any of these payments.  You must use the following procedure:
 
            Notify us by telephone at (724) 758-5584, in person, or by letter at 600 Lawrence Avenue, Ellwood City, PA  16117 in time for us to receive your request three business days or more before the payment is scheduled to be made.  If you call, we will also require you to put your request in writing and get it to us within 14 days after you call.  If your written request is not received within this time frame, the stop payment will be nullified.  For each stop payment that you give, we will charge you the same fee that is charged for a stop payment on a check.  
 If you issue a stop payment order on a recurring payment, this will in no way cancel the companies’ right to debit your account. 
            You must contact the originator to cancel your authorization agreement.
 
NOTICE OF VARYING AMOUNTS If these regular payments may vary in amount, the person you are going to pay will tell you 10 days before each payment, when it will be made and how much it will be.  You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
 
LIABILITY FOR FAILURE TO STOP PAYMENT OF PREAUTHORIZED TRANSFER If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
 
CONSUMER LIABILITY FOR UNAUTHORIZED TRANSFERS AND ADVISABILITY OF PROMPT REPORTING If your statement or passbook shows transfers that you did not make, including those made by card, code or other means, tell us at once.   If you do not tell us within 60 days after the statement was mailed to you, or the transfer was recorded in your passbook, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.  If a good reason kept you from telling us, such as a long trip or hospital stay, we will extend the time periods.
ALSO
Tell us AT ONCE if you believe your telephone or internet access password (code) has been lost or stolen or if you believe that an electronic funds transfer has been made without your permission using information from your check.  Telephoning is the best way of keeping your possible losses down.  You could lose all the money in your account (and your maximum overdraft line of credit, if you have one).  If you believe that your code has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone used your code without your permission.  If you do NOT tell us within two business days after you learn of the loss or theft of your code, and we can prove we could have stopped someone from using your code without your permission if you had told us, you could lose as much as $500.
 
ESB FINANCIAL CORPORATION LIABILITY FOR FAILURE TO MAKE TRANSFERS If we do not complete a transfer to or from your account on time and in the correct amount according to our agreement with you, we will be liable for your losses or damages.  However, there are some exceptions for which we will not be liable, for instance:

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS  If you think there is an error on your statement or receipt, or you have a question about our electronic transfers, telephone or write to us at:
                                               
                                                (724)758-5584
                                                600 Lawrence Avenue
                                                Ellwood City, PA  16117
 
Call or write us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.  We must hear from you no later than 60 days after we sent you the first statement on which the problem or error appeared.

We will tell you the results of our investigation within 10 business days (20 business days for new accounts and 10 business days for foreign-initiated transfers) after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days (90 days for new accounts and 90 days for foreign-initiated transfers) to investigate your complaint or question.  If we decide to do this, we will credit your account within 10 business days (20 business days for new accounts and 10 business days for foreign-initiated transfers) 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 don’t receive it within 10 business days, we may not re-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.
 
CHANGES IN YOUR RIGHTS OR OBLIGATIONS   You will be given a written notice at least thirty (30) days in advance of any changes which would affect your rights and obligations as provided for in this disclosure.  In any event, you will receive a disclosure at least yearly or as required by federal regulations then in effect.