I. GENERAL CONDITIONS

1. You are responsible for maintaining your Account and for monitoring your Account balance and activity.
2. You shall not assign the obligations or benefits of this Agreement to anyone else without the express written consent of E‑ZPass Maryland.
3. You must approach and pass through E‑ZPass toll lanes at the posted speed limit. Failure to obey the posted speed limit may result in suspension of your Account or Account closure.
4. In staffed toll lanes, you shall come to a complete stop and proceed only on a green signal unless otherwise directed, even if your vehicle is equipped with an E‑ZPass transponder.
5. You shall comply with all applicable traffic laws, regulations, signs, signals and directions of E‑ZPass Maryland employees, agents and law enforcement officers.
6. E‑ZPass Maryland may deny any Application at any time because of outstanding account maintenance fees, unpaid Video Toll transactions, citations including civil penalties, or the submission of false information.
7. You acknowledge and understand that you and your vehicle may be recorded on a video monitoring system and/or digitally photographed while traveling through a Maryland toll collection facility and other Facilities that have an agreement with E‑ZPass Maryland and/or accept E‑ZPass. You expressly understand that E‑ZPass Maryland and other Facilities monitor the use of the transponder for the purpose of toll collection, traffic monitoring and detecting violations of this Agreement.
8. You expressly understand that E‑ZPass Maryland may use information gathered from the government agency that is responsible for motor vehicle registrations, in addition to information submitted by you when posting transactions to your Account and deducting applicable tolls.
9. You authorize E‑ZPass Maryland to process through your Account, the payment of tolls and fees incurred from the use of Facilities.
10. Failure to comply with this Agreement may result in any or all of the following: Video Toll transactions, citations including civil penalties, suspension of your Account, Account closure, refusal or suspension of your motor vehicle registration and referral to the Maryland Central Collection Unit ("CCU"). The Maryland Motor Vehicle Administration ("MVA") and CCU may assess additional fees.

II. YOUR ACCOUNT

1. You agree to inform E‑ZPass Maryland of any changes to your Account. Failure to keep your Account up-to-date may result in Video Toll transactions. The following information must be kept current:
   1. Name(s) on the Account;
   2. Address;
   3. Telephone number;
   4. E-mail address, if provided or if receiving electronic Account statements;
   5. Vehicle information (registration plate number ("license plate") and state, make, model, and year);
   6. Expiration date of credit card account, or change in credit card number, if applicable;
   7. Payment method;
   8. Driver's license identification number and state of issuance or state issued identification card number and state of issuance, if provided; and
   9. Federal Employer Identification Number ("FEIN"), if provided.
2. You may have up to four (4) transponders and ten (10) vehicles registered on your Private Account. If you require more than four (4) transponders or ten (10) vehicles on your Account, you must close your Private Account and open a Business Account. Please see the Business Account Terms and Conditions.
3. You must maintain a positive Account balance to cover applicable charges to your Account. Applicable tolls will be deducted from your Account each time the transponder is detected, a vehicle registered on your Account passes through a Facility, or a transaction is matched by E‑ZPass Maryland to your Account. E‑ZPass Maryland matches a transaction to your Account through information provided by you to E‑ZPass Maryland or registered owner information obtained from the government agency that is responsible for motor vehicle registrations. The information used to match a transaction to your Account includes, but is not limited to, an identical driver's license identification number, FEIN or the same name and address. E‑ZPass Maryland also may deduct from your Account any applicable fees. (See XV. Schedule of Fees.)
4. E‑ZPass Maryland may add a license plate to your Account if it is matched to your Account by E‑ZPass Maryland for electronic toll collection. The vehicle may be matched to your Account through information on your Account or information obtained from the government agency responsible for motor vehicle registrations. E‑ZPass Maryland may match a vehicle to your Account through identical driver's license identification numbers, identical FEIN or the same name and address.
5. E‑ZPass Maryland may add a driver's license identification number or FEIN to your Account if a transaction is applied to your Account and the driver's license identification number or FEIN is available. The driver's license identification number or FEIN is obtained through the government agency that is responsible for motor vehicle registrations, when searching the registered owner vehicle information for an E‑ZPass Maryland toll facility transaction.
6. E‑ZPass Maryland may add an address to your Account if a transaction is applied to your Account and a new address is available. The address is obtained through relevant government agencies and associated services when searching the registered owner information for an E‑ZPass Maryland toll transaction.
7. No interest will be paid on any funds held in your Account.
8. Accounts without a Maryland address will be charged a monthly account maintenance fee. The maintenance fee will be waived if the Account uses Maryland toll facilities at least three times in the previous statement period. The fee, if charged, will be deducted from your Account. Account maintenance fees are nonrefundable.
9. If you choose, you may receive a periodic statement, as selected on your Application. If there is no activity on your Account during the applicable period covered by such statement, you will not receive a statement.
10. You may be charged a fee for any request to retrieve a statement. Statements more than one (1) year old are not available.
11. You agree that sending information via First-Class mail, email, or text message to the address, email address or cell phone number on your Application or to an address, email address or cell phone number that you subsequently provide to E‑ZPass Maryland constitutes notice to you of the tolls, fees or charges owed, changes to account terms and conditions, and of any determination by E‑ZPass Maryland of any submitted dispute of tolls and fees related to this Agreement. You will be required to opt-in to text messaging service.

III. ACCOUNT PAYMENTS AND REPLENISHMENT

1. You must pay a minimum advance toll payment or replenishment amount, which is a prepayment to your Account, sufficient to pay Account charges for a one-month period of time.
2. Advance toll payments are not available for use from your Account until twenty-four (24) hours after replenishment for in-state use and forty-eight (48) hours after replenishment for out-of-state use.
3. E‑ZPass Maryland will perform an Account analysis on all new Accounts thirty-five (35) days from the first use of a transponder and every sixty (60) days thereafter. If your average monthly usage, within a sixty (60) day period, is above or below your replenishment amount, E‑ZPass Maryland will automatically adjust your replenishment amount to approximate one-month's level of use. The change in your replenishment amount will be reported on your account statement.
4. You agree to replenish your Account by this amount when your Account balance decreases to or falls below the minimum balance specific to the Account plan you selected in your Application.
5. You may choose to replenish your Account in one of the following ways:
   1. By credit card. You may authorize E‑ZPass Maryland to charge your credit card automatically for all charges to your Account; or you may authorize a one-time online credit card payment via the website at ezpassmd.com, at an E‑ZPass Maryland Customer Service Center, by telephone at 1-888-321-6824, or by mail to E‑ZPass Maryland Service Center, P.O. Box 17600, Baltimore, Maryland 21297-7600;
   2. By check or money order made payable to E‑ZPass Maryland. Your payment may be sent by mail or made at an E‑ZPass Maryland Customer Service Center; or
   3. By cash payment in U.S. dollars in person at an E‑ZPass Maryland Customer Service Center. DO NOT SEND CASH BY MAIL OR LEAVE CASH IN A DROP BOX.
6. You may have more than one replenishment transaction within a onemonth period based upon your usage.
7. If you fail to maintain a positive balance on your Account and you pass through a Maryland Facility, a Video Toll transaction will result. Further, if you fail to maintain a positive Account balance and you use Facilities outside of Maryland, you will be issued a violation notice from that state in accordance with its laws.
8. You acknowledge that a fee will be charged to you for each returned check and returned Automated Clearing House (ACH) transaction should an overdraft occur. You agree that the fee may be deducted from your Account. (See Section XV. Schedule of Fees.)

IV. DISCOUNT PLANS

V. ABOUT YOUR TRANSPONDER(S)

1. You agree to correctly mount, display and use the transponder in accordance with the instructions provided by E‑ZPass Maryland. Do not mount the transponder in any location that could interfere with your visibility or ability to operate your vehicle. Failure to mount the transponder correctly may hinder toll collection, may result in a higher toll rate being deducted from your Account or may result in a Video Toll transaction.
2. A nonrefundable transponder fee will be charged for each transponder issued to your new Account or to an existing E‑ZPass Maryland Account, unless you are using a valid previously-owned transponder, in which case no transponder fee will be charged.
3. A defective transponder may be replaced with a similar unit within the transponder's warranty period if the transponder has not been damaged, defaced or improperly used as determined by E‑ZPass Maryland. However, if E‑ZPass Maryland determines the transponder has been damaged, defaced or improperly used, a nonrefundable transponder fee will be charged for a replacement transponder. The warranty period begins on the date of issuance of the transponder to the first owner and is based upon the model of the transponder.
4. You may use the transponder only with the vehicle(s) specifically registered on your Account.
5. When you use the transponder or any vehicle registered on your Account at any Facilities or a transaction is otherwise matched by E‑ZPass Maryland to your Account, you authorize E‑ZPass Maryland to debit your Account for such use.
6. If you use the transponder at Facilities outside of Maryland, you are subject to the laws and regulations governing such use.
7. Transactions in which the transponder is not read may result in a higher toll rate being deducted from your Account or the issuance of a Video Toll transaction.
8. If your transponder is lost or stolen, you must immediately notify E‑ZPass Maryland verbally, in writing, or via the website. Until you notify E‑ZPass Maryland that your transponder has been lost or stolen, E‑ZPass Maryland will continue to deduct any tolls or fees incurred by your transponder from your Account. You will not be liable for transponder use that occurs after you notify E‑ZPass Maryland. If a replacement transponder is requested, a nonrefundable transponder fee will be charged for the replacement.
9. If you no longer wish to use a transponder issued to your Account, you may return the transponder to E‑ZPass Maryland for proper disposal. If you are returning your transponder and closing your Account, refer to Section IX Termination of this Agreement for voluntary Account closure instructions.

VI. ACCOUNT AGREEMENT MODIFICATIONS

VII. VIDEO TOLL TRANSACTIONS

1. A Video Toll transaction will occur at Maryland Facilities in any of the following scenarios:
   1. When the transponder is detected, and the Account has a negative balance;
   2. When the transponder is not detected for any reason, including improper mounting to your vehicle, and the vehicle is not registered on your Account;
   3. When the transaction is otherwise not matched by E‑ZPass Maryland to your Account;
   4. When the transponder is detected after it has been reported lost or stolen; and
   5. When the Account has been suspended or closed.
2. Video Toll transactions result in issuance of a Notice of Toll Due (NOTD) charging the Video Toll rate.
3. An NOTD will be sent for a Video Toll transaction via First-Class mail to the registered owner of the vehicle as determined by the information gathered from the government agency that is responsible for motor vehicle registrations.

VIII. DISPUTES

IX. TERMINATION

1. In order to terminate this Agreement and voluntarily close your Account, you may:
   1. submit a request stating your intent to close your Account and terminate this Agreement;
   2. Send a written request stating your intent to close your Account and terminate this Agreement;
   3. Visit an E‑ZPass Maryland Customer Service Center and request to close your Account and terminate this Agreement; or
   4. Contact the E‑ZPass Maryland Customer Service Center at 1-888- 321-6824 and request to close your Account and terminate this Agreement.
2. Additionally, you shall:
   1. Pay all amounts owed to E‑ZPass Maryland, including:
      1. Pending toll transactions;
      2. Unused discount plan charges;
      3. Negative Account balance;
      4. Unpaid tolls, fees, and civil penalties as applicable; and
      5. Other Account related fees, as applicable.
   2. Stop using your Account as it is no longer valid for any toll activity throughout the entire E‑ZPass system.
3. If the financial settlement results in a positive Account balance, a refund will be issued. If a negative Account balance results, a letter showing the balance due will be sent to you for payment. Unused trips in a discount plan are not eligible for refunds. Refunds are sent within thirty (30) days of Account termination in accordance with a) and b) above.
4. E‑ZPass Maryland may terminate this Agreement and close your Account at any time and for any reason, including inactivity.
5. You may return your transponder(s) to E‑ZPass Maryland for proper disposal since it contains a lithium battery. If you do not return your transponder to E‑ZPass Maryland for proper disposal, you are responsible for consulting federal, state and local waste regulations to determine appropriate disposal options.

X. GOVERNING LAW

XI. COLLECTION OF EXPENSES

XII. NON-DISCLOSURE

XIII. DISCLAIMER

XIV. INQUIRIES AND CORRESPONDENCE

XV. SCHEDULE OF FEES

Effective: July 1, 2015