NEWALLIANCE BANK ONLINE PERSONAL BANKING AGREEMENT
Effective February 20, 2008

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If you are a natural person or person(s) and your Account(s) is/are used for personal, family or household purposes, this Agreement applies to you. If you are an individual who uses your Account(s) for business purposes, please see our ONLINE BUSINESS BANKING Agreement.

In this document, "you" and "your" mean each person who registers to use the ONLINE PERSONAL BANKING service with us or who uses or is authorized to use an ONLINE BANKING Access ID and Password. Account(s) mean the deposit or loan account(s) that you can access through ONLINE BANKING. "We", "us", "our" and "Bank" mean NewAlliance Bank.

ONLINE PERSONAL BANKING

This Agreement states the terms and conditions that apply when you use NewAlliance Bank's ONLINE PERSONAL BANKING service. These terms and conditions are in addition to those that apply to any Accounts you have with us or any other services you obtain from us.

You must also follow all of our instructions and procedures applicable to the services covered by this Agreement.

The term "ONLINE PERSONAL BANKING" means our banking service that is available to individuals who will use the service for personal, family or household purposes. The ONLINE PERSONAL BANKING service allows you to view account information, transfer funds, pay bills through the WEBPAY feature, and perform other transactions over the Internet, as they become available, by use of a personal computer and modem and/or other means we authorize or allow. You may subscribe to ONLINE PERSONAL BANKING only on an individual basis. Even if you own an Account jointly, each Account owner must sign up for the ONLINE service separately.

HOW TO USE OUR ONLINE PERSONAL BANKING SERVICE

To become eligible to use our ONLINE PERSONAL BANKING service, you must sign up for the service online. You can sign-up by completing the online registration. Once your registration has been completed and accepted by us, we will give you instructions, separate from this Agreement, on how to make ONLINE PERSONAL BANKING transactions. You understand and agree that those instructions are part of this Agreement.

Before you conduct your first ONLINE PERSONAL BANKING transaction, you should read this Agreement and the instructions we provide to you that describe ONLINE PERSONAL BANKING in greater detail. Your use of the ONLINE PERSONAL BANKING service means that you agree to the terms and conditions stated in this Agreement and the instructions we will send to you.

You agree to not use ONLINE PERSONAL BANKING, including WEBPAY, in any manner that is illegal or infringes on the rights of others. You may not resell or make any commercial use of ONLINE PERSONAL BANKING or WEBPAY without our prior written consent.

FEE SCHEDULE

Online Banking	FREE
Online Bill Payment	Listed Below
Features	Pay Anyone Basic	Total Bill Management	Total Bill Management Unlimited
Price/Month Free Checking Free Interest Checking	$0	$8.75	$10.75
Price/Month Premium Checking	$0	$4.37	$5.37
Active Payees	Unlimited	15	Unlimited
Additional Payees/Month	N/A	$0.35	N/A

EQUIPMENT REQUIREMENTS

You agree that you are responsible for access to the Web Site through your Internet access provider and through use of a browser. The installation, maintenance and operation of your equipment, including, but not limited to, your computer, modem, and software and the Internet access through your Internet access provider is your responsibility. We are not responsible for any errors or failures from any malfunction of your equipment or software, and we are not responsible for any computer virus or related problems that may be associated with the use of ONLINE PERSONAL BANKING. We are not responsible for any failure or loss caused if any of your software or hardware is not compatible with our system. We reserve the right to change the minimum equipment specifications. We will provide notice of any change in the equipment specifications that are necessary to access our Online Banking Services.

We are not responsible for any electronic virus or viruses that you may encounter. You are required to routinely scan your PC, CD-ROMs, and diskettes (and any files or programs opened, stored or downloaded to you PC) using a reliable anti-virus and anti-spyware products to detect and remove any viruses and/or spyware found. Undetected or un-repaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. Failure to adhere to these important terms can expose your accounts to unauthorized transactions and/or may expose your personal information to unauthorized access.

ONLINE PERSONAL BANKING TRANSACTIONS

You can instruct us to perform the following transactions:

• Transfer funds between your qualifying Accounts to the extent authorized.
• Obtain information that we make available about your qualifying Accounts.
• Obtain other services or perform other transactions we authorize.
• Obtain a cash advance from a line of credit associated with your qualified checking Account if a transfer through ONLINE PERSONAL BANKING overdraws that Account.
• Schedule and make one-time and recurring future payments through the WEBPAY feature.
• Send stop payments for bill payments through the WEBPAY feature.

LOG IN AND SECURITY PROCEDURES

We use a multi-layered authentication process when you log in that allows us to identify you, through the use of an Access ID and password, and that allows you to identify us, through the use of an authentication image and pass phrase. You choose your Access ID and password. We will assign you your randomly selected authentication image and you will choose an authentication pass phrase, both of which will allow you to verify that you are using our website. You will also be asked to choose a series of challenge questions and answers that we will use to authenticate your identify when you log in from a computer we do not recognize. Your Access ID, password, authentication image and pass phrase and challenge questions/answers are your "Access Information".

When you enroll in our authentication log in process for the first time we place a cookie on your computer. Each time you log in, the cookie allows us to identify your computer, your IP address, and other unique identifiers. The cookie is secure and does not contain any personal information. If you have Adobe® Flash® Player installed on your computer, we can also use Flash shared objects to identify your computer in the event that we can't identify your cookies. If you access ONLINE PERSONAL BANKING from a computer we do not recognize, we will ask you one of your challenge questions before showing you your authentication image and pass phrase.

You understand that anyone to whom you give your ONLINE PERSONAL BANKING Access Information will have full access to your Account(s), even if you attempt to limit that person's authority. You agree to take reasonable steps to safeguard your Access Information, particularly when accessing ONLINE PERSONAL BANKING from a different computer, which may result in the disclosure of your Access Information to other users of that computer. Your Access ID may be revoked or canceled at any time without giving you prior notice to assist us in maintaining the security of your Account(s). We recommend that you change you authentication image, pass phrase and challenge questions/answers often and that you retain all of your Access Information in a secure location separate from your computer.

We have developed the Log In and Security Procedures and Online Personal Banking set-up authentication procedures in a manner that is designed to enhance the security of your Account(s) as well as the security of information related to your Account(s) (collectively referred to in this Agreement as the "Security Procedures"). However, you recognize and agree that the effectiveness of the Security Procedures is dependent on your proper and thoughtful use of the Online Personal Banking Services and related Security Procedures. Accordingly, you agree to do the following:

• You agree to be careful when selecting the Account(s) that are linked to the Online Personal Banking Service;
• You agree to be careful when selecting the information that will become your Access Information. For example, you should not select an Access ID, password or other Access Information that can be guessed or discovered by others;
• You agree to undertake whatever measures are necessary to maintain the security and confidentiality of the Access Information as well as any information related to these Security Procedures;
• You agree to carefully select any individual you authorize to access your Online Personal Banking Services and Account(s) and that such individual understands the importance of these Security Procedures;
• You agree to take whatever steps are necessary to prevent unauthorized transfers or access.
• You agree to notify us immediately if you learn (or you suspect) that your Access Information (or information related to these Security Procedures) has been breached or compromised in any way. And you will promptly take whatever follow-up steps are necessary to prevent or reduce the likelihood of unauthorized access to Account information or transactions (such as promptly changing your Access Information).
• You agree to closely monitor your Account(s) on a regular basis. This includes frequently logging on to the Online Personal Banking Service and reviewing activity involving your Account(s) as well as promptly reviewing Account statements when received. You agree to promptly report to the Bank any errors, unauthorized transactions or suspicious circumstances related to your Account(s).

If you forget your Access Information, you must contact our Customer Contact Center at (203) 789-2767 or 1-800-892-2096 and answer your personal security question correctly in order to reactivate the ONLINE PERSONAL BANKING service.

ONLINE BANKING WEBPAY TRANSACTIONS -FUNDING ACCOUNT

You must designate a qualified checking Account with us as a Funding Account. WEBPAY transactions may only be conducted

from the Funding Account. We will tell you which of the types of checking accounts that we offer qualify as a Funding Account. You may not designate any Account that requires more than one signature for withdrawals. You must be the owner of the Funding Account and you must maintain the Funding Account in good standing with us.

OTHER QUALIFYING ACCOUNTS

Our ONLINE PERSONAL BANKING service may permit access to or transactions involving Accounts other than the Funding Account that qualify for certain ONLINE PERSONAL BANKING transactions. We will tell you what other accounts qualify for this purpose. Any qualifying Account may not require more than one signature for withdrawals and/or advances. You will be permitted to access or perform transactions involving another qualifying Account only if you are an owner or authorized user of the Account.

You agree that you will not access or perform transactions to an account on which you are not a legal owner, even if that account is accessible to you as an account associated with your household (for example, an "in trust for" account for which you are the beneficiary). You will be responsible for any losses resulting from such unauthorized transactions.

LIMITS ON ONLINE PERSONAL BANKING TRANSACTIONS

You must have enough available money or credit in any Account from which you instruct us to make a transfer or WEBPAY transaction. For security reasons, we may implement limits on the number or amount of transactions you can make using our ONLINE PERSONAL BANKING service. We may limit the dollar amount of the transactions you can conduct through ONLINE PERSONAL BANKING. We will tell you the amount of any such limitation. In addition, you may instruct us, in writing, to limit the total amount which can be withdrawn from any of your Accounts in a single day. You also have the option to limit the electronic access to one or more of your specified Accounts.

If any of your qualifying Accounts are money market deposit accounts or savings accounts, certain types of withdrawals from those Accounts are limited to a total of no more than six (6) in any specified period. The specified period for money market deposit accounts and savings accounts with us is the monthly statement period. The kinds of withdrawals covered by this limitation are those made by means of preauthorized or automatic transfers and payments; or telephone or online banking order or instruction. A total of only 3 of these kinds of withdrawals may be made by check, preauthorized withdrawal, debit card, Internet, or similar order payable to third parties.

STATEMENTS

You are entitled to receive documentation of electronic fund transfers. Your ONLINE PERSONAL BANKING transfers and WEBPAY payments will be shown on the monthly statement we provide or we make accessible to you through ONLINE PERSONAL BANKING. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement. Any documentation provided to you which indicates that an electronic fund transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.

OUR LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR TRANSFERS

If we do not complete a payment or transfer on time or in the correct amount according to our Agreement with you, we will be liable for certain types of your losses or damages. However, there are some exceptions. We will not be liable in the following instances:

1. We will not be liable if, through no fault of ours, you do not have enough available funds in your account.
2. We will not be liable if the systems were not working properly and you knew about the breakdown when you started the transaction.
3. We will not be liable if circumstances or persons beyond our control prevent the transaction, despite reasonable precautions that we have taken.
4. We will not be liable if we did not receive proper instructions for the particular transaction.
5. We will not be liable if the transaction or transfer would exceed the credit limit of any Account.
6. We will not be liable if the funds are subject to legal process or other encumbrance restricting the transaction.
7. We will not be liable if you do not follow the procedures in this or any other agreement you have with us.
8. We will not be liable if we did not complete the transaction because we reasonably suspect fraud or illegal activity.
9. We will not be liable if you make a timely payment through WEBPAY and a payee does not process your payment promptly after receipt.
10. We will not be liable if you do not authorize a bill payment soon enough for your payment to be received and credited by the time it is due.
11. We will not be liable if we do not complete a transaction for any of the reasons listed as exceptions to our liability in our Electronic Fund Transfer Agreement.

Provided none of the foregoing reasons that we will not be liable are applicable, if ONLINE PERSONAL BANKING fails to process a transaction, causes an incorrect amount of funds to be removed from your Account, or causes funds from your Account to be directed to a person or entity which does not comply with your payment instructions, we will be responsible for returning any improperly transferred funds to your Account and for directing to the proper recipient any payments or transfers that were previously misdirected or not completed. THE RECREDITING OF YOUR ACCOUNT AND THE REDIRECTING OF PAYMENTS AND TRANSFERS SHALL CONSTITUTE OUR ENTIRE LIABILITY FOR INCOMPLETE OR INCORRECT PAYMENTS OR TRANSFERS. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING OUT OF THE USE OF ONLINE PERSONAL BANKING, EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD. (For example, the law requires us to be liable for damages proximately caused by our failure to complete the transaction except that if the error was not intentional and resulted from a bona fide error despite precautions we have taken to avoid an error, we are liable only for actual damages proved.)

DISCLAIMER OF WARRANTY

We make no warranties with respect to ONLINE PERSONAL BANKING, and we do not warrant that the ONLINE PERSONAL BANKING, including the WEBPAY feature, will meet your specific requirements. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF ONLINE PERSONAL BANKING. WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOUR LIABILITY

You are liable for all transactions that you or any of you make or authorize, even if the person you authorize exceeds his or her authority. If you have given someone your ONLINE PERSONAL BANKING Access Information, despite your Agreement not to do so, or other means of access, and you want to terminate that person's authority, you must notify us that transactions by such a person are no longer authorized. We may have to change your Access Information or take additional steps that we feel appropriate to prevent further access by such persons.

If you believe your ONLINE PERSONAL BANKING Access Information has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 or the balance of your Account, whichever is less, if someone used your Access Information without your authority.

If you do NOT tell us within two (2) business days after you learn of the loss or theft of your ONLINE PERSONAL BANKING Access Information and we can prove that we could have stopped someone from using your Access Information without your authority if you had told us, you could lose as much as $500.00 or the balance of your Account, whichever is less.

If you have an account at one of our Massachusetts branches, you will be liable for unauthorized use of your Card or PIN, resulting in one or more transfers from that account, to the extent allowed by federal and Massachusetts law, although in general you can lose no more than $50.00.

Also, if your statement shows payments or transfers covered by this Agreement that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money 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 (such as a documented long trip or hospital stay) kept you from telling us, we may extend the time periods.

If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize.

UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR ONLINE PERSONAL
BANKING ACCESS INFORMATION

If you believe your ONLINE PERSONAL BANKING Access Information has been lost or stolen or that someone has used it without your authorization, call our Customer Contact Center between 8:00 a.m. and 5:00 p.m. at 1-800-892-2096 on any business day, Monday through Friday or write to us at NewAlliance Bank, Electronic Funds Transfer Department, P. O. Box 302, New Haven, Connecticut 06502-0901. If you believe your WEBPAY Access Codes have been lost or stolen, call us at 414-424-0035, at any hour, or e-mail us at nabwebpay@ezbills.com or write to us at 874 American Pacific Drive, Henderson, NV 89104.

Quickly telephoning us is the best way of reducing your possible losses. If we provide you with another electronic or telecommunications means of notifying us for this specific purpose, you may use that means. DO NOT use a general E-mail service or other electronic means.

IN CASE OF ERRORS OR QUESTIONS ABOUT TRANSACTIONS COVERED BY THIS AGREEMENT

For transactions other than WEBPAY transactions, call our Customer Contact Center at 800-892- 2096 between 8:00 a.m. and 5:00 p.m. on any business day, Monday through Friday, or write to us at NewAlliance Bank, Electronic Funds Transfer Department, 195 Church Street, New Haven, Connecticut 06510. For WEBPAY transactions call us at 414-224-0035, at any hour, or e-mail us at nabwebpay@ezbills.com or write to us at 874 American Pacific Drive, Henderson, NV 89014.

Contact us as soon as you can if you think your statement is wrong or if you need more information about a transfer or payment covered by this Agreement which is listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. DO NOT use a general E-mail service or other electronic means.

1. Tell us your name and account number (if any).
2. Describe the error, payment or transfer you are unsure about, and explain as clearly as you can why you believe it is an error and why you need more information.
3. Tell us the dollar amount of the suspected error.
4. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

If the error involves your deposit Account, we will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will re-credit your Account within 10 business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it in 10 business days, we may not re-credit your Account.

The time period for re-crediting your Account in the preceding paragraph will be 20 business days instead of 10 business days if the error occurred within 30 days of the first deposit to your Account. The time period for completing the investigation will be 90 days instead of 45 days if the transaction was not initiated in any state, territory, or possession of the United States of America, or if the error occurred within 30 days of the first deposit to your Account.

If the error involves your deposit Account, we will tell you the results within 3 business days after we finish our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If the error involves the line of credit associated with your checking Account, you do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your line of credit bill that are not in question. While we investigate your question, we cannot report the amount in question as delinquent or take any action to collect the amount you question.

CHANGING TERMS AND TERMINATING THIS ACCOUNT

This Agreement is effective from the date the ONLINE PERSONAL BANKING services are made available to you and remains effective until this Agreement is terminated. We have the right to terminate this Agreement at any time. We will ordinarily send you notice of any termination, but we are not required to do so unless applicable law requires such notice. This Agreement will also terminate if the applicable Account relationship(s) terminates or if you fail to comply with any provisions of this Agreement. Once we terminate this Agreement, no further transfers or payments will be made, including but not limited to any payments or transfers scheduled in advance or any preauthorized recurring payments or transfers.

We also have the right to make changes in this Agreement at any time. We will comply with any notice requirements under applicable law for such changes. If applicable law does not specify any notice requirements for the change, we will decide what kind of notice (if any) we will give you and the method of providing such notice.

You may also terminate this Agreement at any time by means of a signed written notice. However, any instructions from you to make payments or transfers will continue in effect until we have such written notice of termination and have had a reasonable opportunity, which means at least four (4) business days, to act upon it. Once we have acted upon your notice, no further transfers or payments will be made, including but not limited to any payments or transfers scheduled in advance or any preauthorized recurring payments or transfers. You may terminate the WEBPAY services without terminating the other ONLINE PERSONAL BANKING functions. However, if you terminate our general ONLINE PERSONAL BANKING services, the WEBPAY feature will terminate as well.

JOINT ACCOUNTS

The provisions of this "Joint Accounts" section apply if one of your Account(s) that is designated for the ONLINE PERSONAL BANKING service is a joint account.

Each of you is jointly and severally obligated under this Agreement. Each of you acting alone may perform transactions, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of, or notify, any other of you. However, each of you will only be permitted to access Accounts for which you are a legal owner or authorized user. Each of you individually releases us from any liability and agrees not to make any claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your ONLINE PERSONAL BANKING service. Each of you agrees to indemnify us and hold us harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.

E-MAIL

E-mail transmissions through general or public e-mail are not secure. We, therefore, request that you do not send us or ask for sensitive information such as account numbers, Access Information, financial information, etc. via any general or public E-mail system. If you wish to contact us electronically about our general ONLINE PERSONAL BANKING services, please use the electronic forms provided in our Web pages including Contact Us, also located on the initial ONLINE PERSONAL BANKING page. If you wish to contact us electronically concerning WEBPAY, please go to the WEBPAY screen and follow the instructions for contacting us.

Additionally, under no circumstances will a NewAlliance Bank employee request any of your Access Information via the Internet or other means of contact. Do NOT respond to such requests even if the individual claims to represent NewAlliance Bank or any subsidiary thereof.

ALERTS/MESSAGES

Within the Online Personal Banking you can create automated messages you send to yourself called NewAlliance Alerts. These messages can be used as alerts or reminders for events that occur on your Account(s). NewAlliance Alerts may arrive via email or in an online message box within Online Personal Banking, or both. Email alerts will be sent to the email address you provide within Online Personal Banking.

• The bank may add or remove types of alerts from time to time.
• If you change your email address you are responsible for changing this in the alerts you have already set up.
• You agree that alerts may be delayed or prevented for a variety of reasons.
• We do not guarantee the delivery or validity of the contents of any alert.
• You agree that we shall not be liable for any delays, delivery failure or misdirected delivery of any alert.
• You agree that we shall not be liable for any actions taken or not taken by you or anyone else in reliance of an alert.
• The Bank will never include your password or full account number in an email alert, however you understand that alerts may include your name and some information about your Account(s).
• Unfulfilled events (events that do not happen) will only remain on the system for 999 days. You will not be notified when they are removed.
• Distributed events (events that have happened and have been viewed) will remain on the system for 30 days.

LAW THAT APPLIES

Regardless of where you live or work or where you access our ONLINE PERSONAL BANKING service, this Agreement is subject to the law of the State of Connecticut and the federal law of the United States of America, except as noted below. If any terms of this Agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law. To the extent that these provisions apply to WEBPAY they shall be governed by the laws of the state of Ohio where our WEBPAY service provider is located, without regard to its conflicts of law provisions. Each party using the WEBPAY services or website agrees to the exclusive jurisdiction of the courts of the State of Ohio for issues relating to WEBPAY, and agrees that venue for any action resulting from this Agreement or the use of the WEBPAY services shall be the Cuyahoga County, Ohio and further waives any jurisdictional, venue or inconvenient forum objections.

PAYMENTS AND TRANSFERS - WHEN TRANSFERS ARE MADE BETWEEN YOUR ACCOUNTS AT NEWALLIANCE BANK

Transfers are not final at the time we receive your instructions, but we will begin to process them promptly. You must allow at least one (1) business day for us to process internal transfers to other NewAlliance Bank Accounts. Each transfer will be posted to the applicable Account designated for use with ONLINE PERSONAL BANKING and to any account with us that is involved in the transaction at 11:00 a.m. Eastern Standard Time on the actual date of process. Each transfer you initiate on a non-business day will be considered initiated on the following business day. Information you obtain about your Accounts using our ONLINE PERSONAL BANKING service will not reflect transactions that have not yet been posted to your Accounts. You should keep that in mind when you perform or attempt to perform any transactions on the basis of such information.

BUSINESS DAYS

Our ONLINE PERSONAL BANKING service is generally available 24 hours a day, 7 days a week, except for special maintenance periods. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Holidays are not included.

NOTICES AND COMMUNICATIONS

Except as otherwise provided in this Agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through our ONLINE BANKING services or at the last known E-mail address that we have for you in our records. Notice to one joint Account owner will be effective for all of you. You agree that we may send or provide by electronic communication any notice, communication, or disclosure required to be provided orally or in writing to you. We may require written paper confirmation from you of any electronic communication that this Agreement permits you to make to us. Our system may initiate E-mail messages to notify you of various events, as you elect (for example, that a payment was made). If our system detects a problem with E-mail delivery to you, we will make reasonable efforts to contact you by telephone, at the number shown on our records. We will not be otherwise responsible or liable for late payments or other consequences resulting from the non-delivery of this E-mail or our inability to make telephone contact with you when this occurs, whether the failure is due to communications, network, equipment or other problems beyond our control. Our system, through our website and alerts (if you elect), will notify you of upcoming payments and completed payments as each occurs.

RECORDING

You agree that we may tape record any telephone conversations you have with us regarding the services covered by this Agreement. However, we are not obligated to do so and may choose not to in our sole discretion.

SETTING UP A PAYEE ON THE WEBPAY SYSTEM

Each payee's payment address, your account number(s) with the payee, your Account Information, your payment method preference, and the other information required in the "Payee Management" screen of the WEBPAY service must be setup before WEBPAY will work. It is your responsibility to ensure this information is entered and correct for each payee that you would like to be included in the WEBPAY service. You take responsibility for the accuracy of the payee information you enter, including changes to the information we set up at your direction, and we will not have any liability for any amounts imposed by the payee as a result of your setup errors.

CHANGES TO INFORMATION

If there is a change in your name, physical address, E-mail address or any other information required in the "Member Information" screen of the WEBPAY system, you must promptly notify us. Otherwise, we will continue to use the old information. If you cannot furnish us with the updated information electronically, please provide the information in writing, addressed as follows:
NewAlliance Bank, Attn: Customer Contact Center, P.O. Box 302, 195 Church Street, New Haven, CT 06502. Be sure to include your NewAlliance Bank Account number in your correspondence.

SCHEDULING PAYMENTS

There are three important dates in the bill payment process - payment due date, processing date, and forwarding date. In each instance, the date must be on one of our business days.

PAYMENT DUE DATE

This is the last date on which you want the payee to receive the payment. In many instances, this is probably the payment due date noted on the payee's billing statement. However, if the balance you owe the payee bears daily interest, you may want to select an earlier date.

PROCESSING DATE

This is the date on which you tell us to make the payment, and the date that funds will be drawn or deducted from your Funding Account.

FORWARDING DATE

This is the date the payment will be either mailed or sent electronically to the payee, depending on the Payment Method employed (see below). This date will always be the same day, or the first or the second business day following the Processing Date.

SELECTING DATES

You must select the Processing Date for your payment, or specify a payment rule in the system that automatically selects this date for you, for each bill received. This date should be at least six business days prior to the Payment Due Date to ensure that there is enough time for the payee to receive and post the payment to your account. As we cannot control the United States Postal Service or other aspects of the various systems and processes that together ensure that your payments get from us to your payees, we cannot guarantee that any payment will be received by the Payment Due Date, and we are not responsible for any costs, expenses or other damages you incur if your payment is not received by the payee on or before the Payment Due Date.

STOPPING PAYMENTS

You may cancel a scheduled one-time or recurring payment (a recurring payment is a payment we make regularly and automatically, based upon your standing order for the payment) by contacting the customer support team via telephone at 866-866-2794 at least 3 business days before the scheduled Processing Day.

If you call we may also require you to put your request in writing and send it to us within fourteen (14) days. If you do not do so, then your oral stop payment will cease fourteen (14) days after it has been made and we may make the payment if it is demanded by the particular person or organization involved. Our regular charge for stop payments will apply. (See our Schedule of Personal Deposit Account Terms and Charges).

If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled and you comply with a request by us to put your request in writing (as explained above), then if we do not follow your request to stop payment, we will be liable for certain types of losses or damages which you suffer.

Except as provided above, you may not stop payment of electronic fund transfers, therefore you should not employ electronic access for purchases or services unless you are satisfied that you will not need to stop payment.

FUNDING ACCOUNT AND PAYMENT METHODS

Notwithstanding any instructions from you, we are under no obligation to make any payment on your behalf. Currently, we cannot process payments to the Internal Revenue Service. Nor will we process payments that we recognize as payable to a state or local tax authority or tax collection agency, or payments to an individual, entity or government outside the United States. We utilize a number of methods to make payments on your behalf from your Funding Account, and we may add more in the future (each a "Payment Method"). As of the date this version of the Agreement was prepared, the methods we might use include the following:

DIRECT CHECK

When we use this method, we prepare checks (both paper and electronic) directly from the Funding Account. The checks are made out to the designated payee, as you request, and the funds are drawn from your Account when the payee deposits the check, as if you had issued the check directly. You provide us with the starting check number that we will use for numbering the checks we prepare on your behalf. We are not responsible for losses resulting from errors you make in providing us Account information, including check numbers.

DEMAND DRAFT

When we use this method, we draw a paper draft against your Funding Account. The payee on the draft would be the payee you designate. On the Forwarding Date, we will mail this demand draft to the payee at the address you have designated, using first class United States mail. Your payee would then process the demand draft in the same manner as your personal check would be processed. The amount of the draft will be deducted from the Funding Account by us on the business day we receive the draft for payment.

AUTOMATED CLEARING HOUSE ("ACH") ENTRIES

When we use this method, we electronically draw the amount of the payment from the Funding Account on the Processing Date, using an ACH (Automated Clearing House) transaction. On the Forwarding Date, again using an ACH transaction, the payment will be forwarded to the payee's bank, for automatic deposit into the payee's bank account and ultimate posting to your Funding Account.

DISHONOR OF A TRANSACTION

We have no obligation to extend credit to you under this Agreement. If for any reason, there are insufficient funds in your Funding Account to make a payment, we are not required to make the payment, and if we do not, we will provide notice to you of our refusal to pay on or before the next business day. We can in our sole discretion, do any, or more than one of, the following, as applicable: We can repeat the attempt to debit your Account one or more times, until you have sufficient funds for our transfer request or until we elect to take another approach. However, we have no obligation to try debiting the Funding Account more than once. We can forward your payment despite the dishonor, in which case we can at any time thereafter charge your Funding Account to reimburse us for the amount of the payment.

We can cancel the payment we have made to your payee on your behalf and charge your Funding Account to obtain reimbursement for any fees we incur for stopping payment on our check or ACH payment to the payee, plus the amount of the payment if our cancellation attempt proves unsuccessful (this could occur, for example, if we use a NewAlliance Bank check to make your payment and the check is enforced against us by a holder-in-due-course). We can inactivate your Account with us so that you may no longer make payments through our WEBPAY service. We can sue you or use any other avenues legally available to us to collect the amount due us in connection with the payment.

YOUR OBLIGATION

You remain responsible for monitoring your WEBPAY account and your Funding Account. You agree to review and verify transactions made through our WEBPAY service as often as may be necessary or appropriate to ensure that all such transactions are made in accordance with your instructions. You must review those transactions as they are reflected on our website and on the statements of your Funding Account and tell us immediately if you believe that we have made an error.

COPYRIGHT

In this Agreement, any references to the website or "Site" include both the NewAlliance Bank website and the website of our third party processor that assists us with WEBPAY transactions. All materials on this website, including text, graphics, logos, icons, images, audio files, video files, interfaces, site design, and the selection and arrangement of such materials, are the property of the Bank, of our third party processor that assists us with WEBPAY transactions, or of our content providers, and are protected by United States and international copyright laws. The compilation of all the content on the Site is also our exclusive property and is also protected by United States and international copyright laws. You may download, view, copy, and print the materials on the Site for personal, informational, non-commercial, internal use only, provided that you do not remove or alter any trademark, service mark or logo, or any copyright or other proprietary notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit or modify any part of the Site in any form or by any means without our prior written consent (including by mirroring any part of the Site). Upon revocation or termination of this Agreement, you must destroy any digital or printed copies you have of any portion of the Site, other than copies of agreements you have with us or records of your transactions. Unauthorized use of any materials on the Site may violate copyright laws, trademark laws, and other laws of the United States and other jurisdictions. All rights not expressly granted in this Agreement are reserved.

TRADEMARK

The trademarks, service marks and logos used on the Site and on our promotional and marketing materials ("Trademarks") are our registered or unregistered Trademarks or those of our third party processor that assists us with WEBPAY, or those of our other licensors. Nothing on the Site shall be construed as granting (by implication, estoppel, or otherwise) any license or right to use any Trademark without our prior written consent, or that of any third party that owns a Trademark displayed on the Site. In particular, you may not use any Trademark as a link to the Site or any other site.

LINKS TO OTHER SITES

As a convenience to users, the Site may contain links to sites owned or operated by third parties ("Third Party Sites"). We have no control over and accept no responsibility for the content or performance of Third Party Sites, and a link to a Third Party Site does not mean that we endorse or make any representations about that site, its performance, its content, its owner, or its owner's products or services.

SUBMISSION

Subject to the section herein titled "Disclosure of Account Information", any information or communication you transmit or post to the Site (including data, suggestions, and comments) by electronic mail or otherwise ("Submission") will be considered non-confidential and non-proprietary. Anything you transmit or post becomes our property or the property of our third party service provider and may be used for any purpose (including reproduction, disclosure, transmission, publication, broadcast and posting). We are free to use any ideas, concepts, know-how, or techniques contained or described in any Submission for any purpose whatsoever (including developing, manufacturing and marketing products or services using such information). You may not post or transmit to or from the Site any unlawful, threatening, defamatory, or obscene communications.

DISPUTES RELATING TO WEBPAY, ASSIGNMENT, NO WAIVER, GOVERNING LAW

This Agreement is the complete and exclusive statement of the Agreement between you and us. It supersedes any proposal or prior Agreement, oral or written, and any other communications relating to the subject matter of this Agreement. If there is a conflict between what one of our employees or agents says and the terms of this Agreement, the terms of this Agreement will prevail. You may not assign this Agreement to any other party. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on the part of NewAlliance Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions.

DISCLOSURE OF ACCOUNT INFORMATION

We agree not to disclose information regarding any Account or electronic fund transfer to any third person except:

1. any other person who is a party to an electronic funds transfer or is necessary to effectuate the transfer, but only to the extent that the information disclosed is necessary to effectuate the transfer;
2. to a person authorized by law to have access to the records of the financial institution or organization in the course of such person's official duties;
3. pursuant to a court order or lawful subpoena;
4. to communicate the terms and history of a specifically identified account to a consumer reporting agency;
5. to any attorney or collection agent of the financial institution or organization;
6. to our employee or other auditor solely for the purpose of an official audit or accounting or to any other person for the purpose of servicing the account relationship, including preparation of the periodic statement of account, but only to the extent actually necessary;
7. to our employee for the purpose of pursuing or disposing of a dispute or claim involving an account; or
8. pursuant to your written authorization; provided, however, that such authorization shall not remain in effect longer than forty-five days.