AGREEMENT – TERMS AND CONDITIONS

Welcome to Artesian Online Services for e-Bill View and e-Bill Payment. Please review this entire document, which explains the Terms and Conditions of Artesian Online Services relating to the benefits and limitations of your agreement with Artesian to use these Services.

Acceptance of Terms and Conditions

• When you click the "I Agree" button below, you will be agreeing to these Terms and Conditions, and you will no longer receive a paper bill from Artesian.
• If you do not agree to these Terms and Conditions, click the "I Disagree" button which will allow you to stop this process and continue to receive paper bills. Services

E-Bill View – Viewing your bills through Artesian Online Services

You agree to electronically receive your bill and view your account online. You may also receive other information that would have been sent with your Artesian paper bill, such as bill inserts.

E-Bill Payment Service – Paying your bills through Artesian Online Services

By consenting to pay your bills electronically, you understand and verify that:

• You are providing Artesian with your bank account information and agreeing to these Terms and Conditions. You authorize Artesian or its contractor to follow the Payment Instructions that we receive through the Artesian Online Bill Payment Service. When we receive a Payment Instruction, you authorize us to debit your bank account and obtain funds on your behalf. Funds are applied as close to the business day designated by you as reasonably possible. You also authorize the financial institution that holds your bank account to debit your bank account.
• Payment Instructions must be entered prior to the 2:00 p.m. Eastern Time (ET) cut off to have the payment applied on the same business day. Any payment made after 2:00 p.m. ET will be applied the next business day. We anticipate most transactions will be processed on your selected payment date, but you accept that some transactions may take additional time to be applied to your account. If you properly follow procedures described herein, including submitting your Payment Instruction prior to the cutofftime, and Artesian fails to process payments according to the Payment Instructions received, Artesian will reverse any late charges incurred as a result. In any other event, you agree to incur the risk and responsibility for paying any late charges or penalties.
• If you have arranged in advance to make a regular payment from your bank account, you can cancel a payment in a "scheduled" status as long as you cancel the "scheduled" payment before 2:00 p.m. ET.
• You are responsible for any fees associated with your bank account. In using Artesian Online Bill Payment Services, you are requesting the system to make payments for you from your bank account. If we are unable to complete a transaction for any reason associated with your bank account (for example, there are insufficient funds), the transaction will not be completed and Artesian may assess late charges or penalties under Artesian’s Tariff for your State.

Consent to Receive Information Electronically

By consenting to receive information electronically you verify that:

• In order to receive this information electronically, and to access and retain any disclosures you receive, you will need a desktop or laptop personal computer with a minimum web browser that supports 128 bit encryption. You must also have ability to receive and read email.
• You (i) agree to provide true, accurate and current information and not to misrepresent your identity; (ii) acknowledge and agree to receive disclosures electronically, and confirm that you will download or print the disclosures for your records; (iii) acknowledge that you can access information that is provided electronically; and (iv) acknowledge that your action constitutes your signature and agreement to these Terms and Conditions, as well as your consent to receive these electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act(ESIGN, Pub. L. No. 106-229, 14 Stat. 464, enacted June 30, 2000, 15 U.S.C. ch.96) and intend that this Statute applies to the fullest extent possible.

Notice of Limitations and Warranties

Artesian may use a third party hosted website to provide Online Services to you. Technical or other difficulties, which cannot always be anticipated, may cause the loss of data or other service interruptions. For this reason,YOU AGREE THAT ARTESIAN’S ONLINE SERVICES ARE PROVIDED "AS-IS," WITHOUT WARRANTIES OF ANY KIND.
• You understand that the information you have chosen to receive is confidential in nature. We are not responsible for unauthorized third party access to information and/or communications provided electronically, or forany damages, including direct, indirect, special, incidental or consequential damages caused by unauthorized third party access. We are not responsible for delays in transmission of any information or for any computer virus or related problems. If you change your e-mail address, you are required to notify us.
• All questions about transactions made with the Artesian Online Services must be directed to Artesian and not to the bank or other financial institution where you have your bank account. Artesian is responsible for its Online Services and for resolving any transaction errors.
• In addition, if you receive notice that Artesian will begin sending other information electronically (i.e., application disclosures, Privacy Statements, and billing statements, etc.), you may withdraw your consent to receive such electronically-sent information at any time. To receive thisother information in paper form, or to withdraw your previously provided consent, please contact us with the specific information you wish to receive in paper form. Your request will apply only to those specific items of informa-tion you designate, or you may electronically choose to un-enroll from Artesian Online at anytime.
• If and when you un-enroll from Artesian Online Services, all "scheduled" payments will be terminated. We may terminate our Online Services at any time. Neither termination nor discontinuation of Artesian Online Services shall affect your liability or obligations under this Agreement.
• You may not assign your rights to use the Artesian Online Services, as defined under this Agreement, to any other party.Artesian may assign this Agreement,in its sole discretion, or delegate certain rights and/or responsibilities to third parties, vendors or contractors without your consent.
• You are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider when accessing Artesian

Online Services

• This Agreement, including fees and service charges, may be amended from time to time by Artesian, including the addition of new charges and/ora revision of Terms and Conditions. In this event, Artesian shall provide Notice of Change to you. Any use by you of Artesian Online Services following a Notice of Change shall constitute your acceptance and agreement to such changes. Further, Artesian may revise or update its programs, services or related material which may render all prior versions obsolete. Artesian will notify you of any such changes; however, Artesian reserves the right to terminate this Agreement with regard to all prior versions of its programs, services, and/or related material, and limit your access to Artesian’s most recent revisions and updates.
• Artesian shall not be deemed to have waived any of its rights or remedies under this Agreement unless such waiver is written and signed by Artesian. If Artesian delays or refrains from exercising any of its rights or remedies under this Agreement, such delay or omission shall not constitute a waiver of such rights or remedies, or of any of its other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
• The section captions named herein are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Agreement – Terms and Conditions.

Artesian’s Online Website Privacy Policy (rev. date: 4-18-13)

We respect, and are committed to protecting, your privacy. This Privacy Policy is to inform you of how and for what purposes your personal information is being collected, processed and used. Artesian pledges to take reasonable steps to ensure your personal information will be used only in ways that are in compliance with this Privacy Policy. This Privacy Policy is in effect only for any web pages, e-mail lists, collective non-user-specific information, collective personal information, and/or owned on Artesian (and its affiliates’) websites (collectively, "Artesian," "our" and "we"); including, but not limited to, any online features, services and/or programs offered by Artesian (the "Website"). Use of the Website is also governed by the Artesian Online Services’Agreement – Terms and Conditions. Artesian will make every effort to update this web page with any changes to the Privacy Policy, and you are encouraged to review this Privacy Policy frequently (the date of the most recent revision will appear at the end of this Privacy Policy).

Use of Information

User’s of Artesian Online Services are required to create (i) a user account ("User Account"), (ii) a user identification name ("UserID"), and (iii) a password ("Password") in order to utilize these services. Artesian does not use its user email addresses or other personally identifiable information for commercial or marketing purposes, except for Artesian’s own Service Line Protection Programs. Artesian may use user’s email address for non-marketing or administrative purposes; for example, to contact user regarding issues with User’s Account.
You affirm by clicking "I Agree" that you are either more than 18 years of age, are an emancipated minor, or possess legal parental or guardian consent, are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Privacy Policy and agree to abide by and comply with this Privacy Policy.

Member Account, Password and Security

For certain features available through the Website, we require the use of encryption technologies provided for your protection, and/or your use of a UserID and Password after setting up your User Account. Artesian uses reasonable precautions to protect the privacy of your UserID, Password and User Account information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your UserID, Password and User Account information are encrypted using an SSL connection, which are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, Password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and Password. You agree to never leave your computer unattended while using Artesian Online Services, and to always exit Artesian Online Services by clicking on "Log Out." You also agree to immediately notify Artesian of any unauthorized use of your UserID, Password and/or User Account, and/or any other breach of security by calling 302-453-6930, or by email [email protected], or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account, UserID and/or Password. While Artesian provides certain encryption technologies, uses other reasonable precautions to protect your confidential information and provides suitable security, it does not, and cannot, guarantee or warrant that information transmitted through the Internet is secure, or that any such transmissions are free from delay, interruption, interception or error.

Privacy Outside the Website

The Website may contain various links to other websites, including links to various third party service providers.Artesian is not and cannot be responsible for the privacy practices, or the content, of any of those other websites. If you decide to enter into one of those links, please check with those websites in order to determine their privacy policies and your rights under them.

Choices with Your Personal Information

Whether you submit personally-identifiable information to Artesian is entirely up to you. You may decide not to submit personally-identifiable information through the Website; in which case Artesian may not be able to provide certain services to you, including Artesian Online Services. You may update or correct your personal profile information and email preferences at any time by visiting your account profile at www.artesianwater.com and clicking on the e-Billing hyperlink. Required information to obtain a User Name and Password in order to use Artesian Online Services will include the following: (1) your Name, (2) your Artesian Account Number, and (3) your Zip Code. Please note that any information that you post, upload or transmit to Artesian, and/or on the Website, cannot be removed and willremain subject to these Terms and Conditions.

Your Consent To This Privacy Policy

By using the Website, you consent to the collection and use of information by Artesian as specified above, or as it otherwise sees fit unless you inform Artesian otherwise by means of the procedure identified below. If Artesian decides to change this Privacy Policy, an effort will be made to post those changes on this Website so that you will always be able to understand what information Artesian collects, its use and disclosure. Your use of the Website following any amendment of this Privacy Policy will signify your assent to and acceptance of its revisions.

If you have additional questions or comments of any type, or if you see anything on this Website that you think is inappropriate, please alert Artesian by e-mail or by sending through U.S. Mail, your comments or requests to:

Artesian Water Company, Inc.
664 Churchmans Road
Newark, DE 19702
Attn:Artesian Online Services Website Issues

Or: [email protected]
Artesian All Rights Reserved.
EFFECTIVE AS OF: 04/18/13
LAST UPDATED: 04/18/13