Website Agreement

This Bank of Internet USA Website Agreement ("Website Agreement") with Bank of Internet USA applies to your use of the Bank of Internet USA Website. In this Website Agreement, "you" or "your" means each person that uses the Bank of Internet USA Website to obtain a Financial Service; "Financial Service" means a deposit account, overdraft credit account, electronic bill payment service, or any other financial product or service available through the Bank of Internet USA Website; "Provider" means a service provider that offers a Financial Service through the Bank of Internet USA Website or an affiliate of Bank of Internet USA; "Bank of Internet USA Website" and the "Website" means the Internet site operated by Bank of Internet USA for itself and the Providers. "Banking Product Documents" means the Website Agreement, the Deposit Account Terms, the Electronic Funds Transfer Services Agreement and Disclosure, the Funds Availability Policy, the Truth in Lending Disclosure Statement (for Overdraft Line of Credit Account), the Truth in Savings Disclosure Statements, the Fee Schedule, and the Schedule of Interest Paid.

Consent to Terms and Conditions. By submitting the application accessible through the Bank of Internet USA Website or using any Financial Service, you agree to the terms and conditions set forth in this Website Agreement and the agreements provided with the Provider Documents, if any, governing the Financial Service you obtain through the Website. In the event that Bank of Internet USA amends this Website Agreement or a Provider amends an agreement that is provided with the Provider Document, your continued use of the Website or a Financial Service subject to such Provider Document after the effective date of such change evidences your agreement to such amendment.

Provider Documents. The terms of this Website Agreement apply to any Financial Service obtained through the Website. You also may have a separate agreement with some or each Provider regarding the Financial Service it provides. A Provider may enforce this Website Agreement against you to the extent it relates to that Provider.

Banking Products. As of the date of this Website Agreement, the deposit accounts, overdraft credit account, electronic bill Wire Transfer Services payment and other banking services ("Banking Products") offered through the Website are provided by Bank of Internet USA (the "Bank"), a Federal Savings Bank chartered by the Office of Thrift Supervision (OTS) and a member of the Federal Deposit Insurance Corporation ("FDIC"). For purposes of applicable FDIC deposit insurance limitations, deposits into accounts at Bank of Internet USA opened through the Website are not separately insured from any other deposit accounts you may have opened through other means, such as by mail or in person. Moreover, please review the Banking Documents for additional information about the Banking Products.

Internet Access. You certify that you have access to the Internet and a current e-mail address. You have sole responsibility for providing Bank of Internet USA with a correct and operational e-mail address. Neither Bank of Internet USA nor any Provider will be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify Bank of Internet USA and all Providers of any change in your e-mail or postal mailing address.

Electronic Communications. To the fullest extent permitted by applicable law, this Website Agreement and any other agreements, notices or other communications regarding the Website or any Financial Service or any Provider (collectively referred to as "Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Website and/or delivered to your e-mail address. You will print a paper copy of any electronic Communication and retain it for your records. All Communications in either electronic or paper format will be considered to be "in writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Bank of Internet USA and the Providers reserve the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying Bank of Internet USA on behalf of itself and the Providers of your decision to do so. If you revoke your consent to receive Communications electronically, Bank of Internet USA and the Providers may terminate your right to use the Website or obtain Financial Services (including redeeming any deposit accounts), and you accept sole liability for any early withdrawal penalty, tax or other consequence resulting from an involuntary termination of a Financial Service, to the extent permitted by law.

Privacy. You agree that you have had an opportunity to review, download or print, and that you agree to the Bank of Internet USA Privacy Policy relating to the Bank of Internet USA Website, the Financial Services and the Providers.

Consumer Credit Reports. Consumer Credit reports may be obtained by Bank of Internet USA or any Provider in connection with any Financial Service that you request or receive. If you ask, you will be informed whether or not such a report was requested, and if so, the name and address of each agency that furnished the report.

Illegal, Fraudulent Or Improper Activity. You will not use the Website or any Financial Service for any illegal, fraudulent or improper activity. If Bank of Internet USA or any Provider suspects that you may be engaging in or have engaged in a fraudulent, illegal or improper activity, including a violation of any terms and conditions relating to the Website or any Financial Service, your access to the Website and any Financial Services may be suspended or terminated. You understand that access to and transactions in your Accounts may be suspended or terminated if an Access Device or Code has been reported lost or stolen or when Bank of Internet USA or any Provider reasonably believes that there is unusual activity on any of your Accounts. You agree to cooperate fully with Bank of Internet USA and each Provider to investigate any suspected illegal, fraudulent or improper activity.

Password Protection. You will not disclose your password to access the Website ("Password") to any person other than persons you intend to have full authority to act on your behalf with regard to all of your Financial Services and accounts with Providers. You understand and agree that Bank of Internet USA and the Providers rely on the use of your password to confirm your permission to access your account and are therefore authorized to act upon instructions and information received from any person that enters your user name (User ID) and Password. You will notify Bank of Internet USA immediately if your Password is compromised or lost or is suspected of being compromised or lost.

Security Features. Bank of Internet USA has taken strong measures to protect the security of information transmitted between the Bank and its customers. Bank of Internet USA strongly suggests that you use a web browser with 128 bit encryption. In fact, some selected services require a web browser with 128 bit encryption and you will be notified upon your application for access to those specific services. Regardless of the security features in use by you and/or your web browser, Bank of Internet USA and the Providers are unable to ensure that the data transmitted by you to Bank of Internet USA or a Provider, or from Bank of Internet USA or a Provider to you, will not be intercepted by third parties.

Limit On Liability. To the fullest extent permitted by law, neither Bank of Internet USA nor any Provider will have any liability in connection with any unauthorized interception or use of data relating to you or the Financial Services; any inability to use or access the Website for any reason; any actions or transactions by an individual that uses your user name together with your Password; or any cause over which Bank of Internet USA or a Provider does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers. The Financial Services accessible through the Website are provided "as is" and with all faults, and Bank of Internet USA and each Provider hereby disclaims, for themselves and for each other entity involved in the provision of the Financial Services, all warranties, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability, of fitness for a particular purpose and of lack of viruses. In no event shall the Bank of Internet USA or any other Provider be liable (a) for damages caused other than by its own gross negligence or intentional misconduct or (b) for indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use the Website or any Financial Service, even if Bank of Internet USA or the Provider has been advised of the possibility of such damages. In no event shall Bank of Internet USA or any Provider be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services). Limitations on this notice with respect to certain electronic funds transfers are stated in the EFT Services Agreement and Disclosure as contained in the Bank Documents and displayed on the Website.

Miscellaneous. Any waiver by Bank of Internet USA or any Provider must be in writing and signed by an authorized representative of Bank of Internet USA or the Provider. If a waiver is made, no party is obligated to provide similar waivers in the future. The Website Agreement and the agreements provided with the Provider Documents are binding upon and shall inure to the benefit of permitted successors and assigns of you and Bank of Internet USA and/or the Providers. If any provision of the Website Agreement or the Provider Documents is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in anyway be affected or impaired thereby.

Contacting Bank of Internet USA and the Providers. You may contact Bank of Internet USA or any of the Providers by e-mail at customerservice@bankofinternet.com, by first class U.S. mail to: Bank of Internet USA, 12777 High Bluff Drive, Suite 100, San Diego, CA 92130, Attn: Customer Service, or by telephone at (877) 541-BOFI (2634). Telephone conversations between customers and Bank of Internet USA employees may be recorded and retained.

Modifications. Modifications and additions to the Website, this Website Agreement, the Financial Services or the Provider Documents may be made by Bank of Internet USA or a Provider at any time, to the extent permitted by law.

Transfer. You may not transfer any rights or obligations you may have under this Website Agreement, under any agreement provided with the Provider Documents or with respect to any Financial Service, without the prior written consent of Bank of Internet USA and any Provider that would be affected. Bank of Internet USA and each Provider reserve the right to transfer any right or obligation under this Website Agreement, under any agreement provided with the Provider Documents or with respect to any Financial Service without your consent.

Governing Law. This Website Agreement is accepted by Bank of Internet USA in the State of California, and is governed by California and Federal law between you and Bank of Internet USA. Providers may select a state law other than California law to govern matters covered by their specific agreements and the enforcement of this Website Agreement with respect to the Financial Services they provide.

In addition to this Website Agreement Section, the documents describing the Banking Products ("Banking Documents") terms, conditions and disclosures are comprised of the Deposit Account Terms Section, the EFT Services Agreement and Disclosure Section, the Funds Availability Policy Section, the Truth in Lending and the Overdraft Agreement and Disclosure Section, and the Truth in Savings Disclosure Section.

Deposits held at Bank of Internet USA are insured by the Federal Deposit Insurance Corporation up to $100,000 per depositor. Answers to questions about Federal deposit insurance may be contained in "Your Insured Deposit", a pamphlet published by the FDIC, available by link on the Website www.bankofinternet.com.

Terms defined in this Website Agreement have the same meaning in the Banking Documents and, unless specified otherwise, any term defined in a part of the Banking Documents has the same meaning throughout the Banking Documents.