Service Agreement
e-Remit« by VALIC
Service Agreement

TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS SITE

If you do not agree with each term of use specified herein,
you are not granted permission to use the Site and must click
cancel at the bottom of this page and exit this Site immediately.

The following terms and conditions ("Terms of Use" or "Service Agreement"), in addition to Site Rules which may be provided on this Site, govern your use of this Web Site. BY CLICKING "I AGREE" BELOW, OR BY ACCESSING, VIEWING, OR USING ANY MATERIAL OR CONTENT ON THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, AND INTEND THESE TERMS OF USE TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN LEGAL CONTRACT BETWEEN YOU AND THE SPONSOR OF THIS SITE, AS DEFINED HEREIN, AND EQUALLY BINDING, AND THAT YOU ACCEPT SUCH TERMS OF USE AND AGREE TO BE LEGALLY BOUND BY THEM WITHOUT LIMITATION OR QUALIFICATION.

This Agreement is available for your review at the "Terms Of Use" link at the bottom of pages of this Site. If you click "I Agree" at the bottom of this page we will create an electronic record of your agreement and you will be able to continue with the registration process. Please carefully review the following terms and conditions.

YOU HAVE THE RIGHT TO OBTAIN PAPER RECORDS, THE RIGHT TO WITHDRAW CONSENT TO USE THE ELECTRONIC SERVICES OF THIS SITE, AND THE RIGHT TO UPDATE INFORMATION WHICH YOU HAVE PROVIDED TO US. Procedures for exercising these rights are explained below in Section V(A), entitled, "Consent to Electronic Agreements and Use of Electronic Records."
CONTENT OF TERMS OF USE (WITH LINKS TO EACH SECTION)

I. Background
II. Purpose
III. Basic Definitions
IV. Site Rules
A. Duties and Representations of the Plan Sponsor and You
B. Duties and Representations of VALIC
V. Legal Terms Of Use
A. Consent to Electronic Agreements and Use of Electronic Records
B. Proprietary Rights
1. Copyrights
2. Trademarks/Service Marks
3. Limited License
4. Confidentiality
C. Security Begins With You - Examine Statements - Notify Us of Any Error
D. Disclaimers of Warranty
E. Limitation of Liability
F. Indemnity
G. Arbitration
H. Governing, Law, Venue and Jurisdiction
I. You Authorize Us to Collect and Use Information
J. You Agree to Changes and Amendments by Posting on this Site
K. You Authorize E-Mail Responses to Inquiries
L. Competitors May Not Use This Site
M. You Agree to Abide by All Laws and Not Violate the Information of Others, etc.
N. Complete Agreement
O. No Waiver of Severability
P. Termination
VI. Contact and Notification Information
A. Report Unauthorized Use
VII. Click "I Agree" or "Cancel"


I. BACKGROUND

e-Remit« by VALIC is an Internet service provided to Plan Sponsors funding their qualified employee retirement plans with annuity contracts issued by The Variable Annuity Life Insurance Company (“VALIC«”) and with mutual funds serviced by VALIC Retirement Services Company (“VRSCO”). The e-Remit by VALIC web site (“Site”) allows a Plan Sponsor to forward remittance instructions and contributions to VALIC more quickly and efficiently. There are no additional charges to the Plan Sponsor for using the e-Remit by VALIC service.
Back to Contents


II. PURPOSE

This e-Remit by VALIC Service Agreement ("Terms of Use") defines the obligations of VALIC and/or VRSCO, you, and the Plan Sponsor concerning use of this Site; any correspondence with VALIC and VRSCO; and contribution remittances or transactions through this Site. The Terms Of Use is in addition to the terms and conditions of any administrative services contract, Plan Adoption Agreement, Master Contract, trust or custodial agreement, or other agreement defining your duties with respect to the qualified plan, any investment, and VALIC and/or VRSCO. This Terms of Use shall amend and supersede any inconsistent terms relating to the Plan Sponsor's contribution remittances in any administrative services contract previously executed by the Plan Sponsor and VALIC and/or VRSCO. This Site is designed to enhance the current remittance process, through electronic means. Instructions for using the e-Remit by VALIC remittance service can be obtained by using the "Registration" link on the e-Remit by VALIC Home Page.
Back to Contents


III. BASIC DEFINITIONS

As used in this Service Agreement, the term "you" or "yours" refers to (1) any individual using the Site, including each person designated by the Plan Sponsor as having authority to enter into and bind the Plan Sponsor to the Terms Of Use ("Decision Maker"), each person designated by the Plan Sponsor to use the Site ("Authorized User"), or any person using this Site; and (2) the entity sponsoring the qualified employee retirement plan ("Plan Sponsor").

The terms "we," "us," "our" and "Site Sponsor" refer to VALIC and/or VRSCO, its employees, agents, and authorized representatives. The term "Group" refers to American International Group, Inc.« (“AIG«”), and its officers, directors, employees, contractors, representatives, successors, subsidiaries, and affiliated entities. VALIC and VRSCO are indirectly and wholly owned subsidiaries of AIG. This Site is www2.valic.com/eremit. These Terms Of Use only apply to this Site and no other site of Site Sponsor.
Back to Contents

IV. SITE RULES

A. Duties and Representations of the Plan Sponsor And You

Service Agreement: You will make certain that you and the Decision Maker read and agree to this Service Agreement on your behalf and on behalf of the Plan Sponsor, and that each Authorized User has read and agrees with all Terms Of Use in this Service Agreement before using this Site.

Remittance Instructions: You will provide remittance instructions and all data necessary to establish and maintain the proper allocation of funds for the Plan Sponsor. You will provide updates to the remittance instructions as necessary or at each payroll cycle on the e-Remit by VALIC web site, and will submit these instructions to VALIC and/or VRSCO through the Site for processing. You agree to verify data, information and remittance instructions prior to transmitting the information to VALIC and/or VRSCO via the Site. When material changes are made to your plan, you will promptly inform VALIC and/or VRSCO. You will ensure that contributions balanced to the remittance list are promptly submitted. Remittance can be accomplished by any means approved by VALIC and/or VRSCO. A negative adjustment may only be submitted due to a mistake of fact. The Internal Revenue Service (IRS) and the Department of Labor (DOL) (for plans subject to the Employee Retirement Income Security Act of 1974) have indicated that refunds to the employer of contributions made due to a mistake of fact are permissible if the surrounding facts and circumstances indicate that the over-contributions are attributable to a good faith mistake of fact and the over-contributions are refunded to the employer within 12 months after the original contribution. By submitting a negative adjustment, you are representing to [VALIC] that such negative adjustment was due to a mistake of fact and the over-contribution was not made more than twelve months prior to the submission to [VALIC] of the negative adjustment. Neither the IRS nor the DOL has clearly indicated circumstances that constitute a mistake of fact. You should consult your legal advisor if you have any questions about whether circumstances constitute a mistake of fact. Examples of circumstances that might be considered a mistake of fact are a misplaced decimal point, an incorrectly written check, a typographical error, an error in computing a calculation, or a mistake recording data indicating to which plan certain employees belonged.

User Access: You agree to notify VALIC and/or VRSCO of each Authorized User who will have access to and will use the e-Remit by VALIC web site. You will promptly notify VALIC and/or VRSCO of employee terminations and all changes which need to be made to VALIC’s and VRSCO’s list of Authorized Users.

You and all Authorized Users of the Site agree to follow the user ID and password notification procedures as displayed on the e-Remit by VALIC web site. You agree to instruct your officers, directors, employees, representatives, Authorized Users, agents, or others which use the Site that a user ID and password must be kept private and confidential. You and the Plan Sponsor agree to notify VALIC and/or VRSCO if the Plan Sponsor needs to add additional persons as Authorized Users by using the "Talk to Us" feature on the e-Remit by VALIC web site at www2.valic.com/eremit. You agree that only Authorized Users will access the Site and that neither you nor any of your employees, agents, and representatives will use the user ID and confidential password of another individual. You agree that if an Authorized User desires to change his or her user ID, the Authorized User will contact VALIC and/or VRSCO using the "Talk to Us" feature from the e-Remit by VALIC Website, www2.valic.com/eremit. You also agree that if an Authorized user desires to change his or her Password for any reason, the Authorized User will utilize the User Options feature from the Plan Sponsor’s e-Remit Home Page.

Deadlines for Submission: You agree to submit correct remittance instructions and dates to the e-Remit by VALIC Site in accordance with time requirements under applicable state and federal regulations.

Debit ACH (Applies only to VALIC): If the Plan Sponsor has agreed to fund its contribution remittances to VALIC using Debit ACH, you will make certain that authorization will be transmitted on the e-Remit by VALIC web site for VALIC to access the Plan Sponsor's bank account prior to each contribution remittance. The Plan Sponsor hereby agrees to ensure that sufficient funds are available for debit by VALIC in the Plan Sponsor's account at the time of debit by VALIC. The Plan Sponsor will maintain routing and accounting information on the e-Remit by VALIC web site and make any necessary changes in such information in order to facilitate the transfer of funds by Debit ACH.

The Plan Sponsor acknowledges that its failure to do so will result in delay of processing remittances, for which VALIC is not responsible until contributions and proper information are on deposit with VALIC.

Liability and Procedure for Excess Funds Transfer and Insufficient Funds (Applies only to VALIC): The Plan Sponsor agrees to make arrangements with its bank for acceptance of ACH debits and for its account to be debited, including corrections of debits. The Plan Sponsor's failure to adequately fund accounts for remittance of contributions may result in VALIC’s temporary suspension of the e-Remit by VALIC remittance service or termination of the Service Agreement.

Forfeiture Processing (Applies only to VALIC): If the Plan Sponsor maintains a forfeiture account with VALIC, the Plan Sponsor may offset its current remittance amount by utilizing forfeitures. The Plan Sponsor agrees to monitor its forfeiture account and will adhere to the terms and conditions that regulate the use of these contributions, as stipulated in the Plan Adoption Agreement or Master Contract.

Multiple Carrier Information: If the Plan Sponsor maintains information on the e-Remit by VALIC Site about participants who make contributions to other carriers, the Plan Sponsor shall take full responsibility for the accuracy of this data. The Plan Sponsor is fully responsible for sending the remittance instructions and contributions to the other carriers. Neither VALIC nor VRSCO is responsible for sending remittance instructions and contributions to other carriers.

Audit: VALIC and VRSCO shall have the right to audit your use of the e-Remit by VALIC web site.
Back to Contents

B. Duties and Representations of VALIC and/or VRSCO

The e-Remit by VALIC web site will reflect updates made to the data on the Site by the Plan Sponsor. However, the field indicated as "Payroll Date" is provided for informational purposes only. VALIC and VRSCO will not correct any errors made by the Plan Sponsor in the payroll date fields. VALIC and VRSCO will generally post contributions within a reasonable time after the balanced remittance list and funds reflecting contributions are received.

User Access: VALIC and VRSCO agree to promptly grant and suspend user access to the site as requested by the Plan Sponsor. If this information is provided by noon on one business day, it will normally be processed by noon on the following business day.

Multiple Carrier Information: VALIC and VRSCO will not use the information provided on participants who are submitting contributions to other carriers except as set forth in the Privacy Notice and Internet Privacy Policy, which can be accessed at the bottom of pages of this Site.
Back to Contents

V. LEGAL TERMS OF USE

A. Consent to Electronic Agreements and Use of Electronic Records

(To contact us concerning these services, please use the "Talk to Us" feature on our web site at www2.valic.com/eremit.)

1. You have the right to have the electronic records generated by use of the Site made available on paper at any time. We reserve the right to charge for any paper records that you request.

2. You have the right to withdraw your consent to have records made available to you or to conduct transactions in electronic form. The consequence of your decision to withdraw your consent to use the Site for contribution instructions and remittances will be that you will no longer be provided the e-Remit by VALIC service.

3. By agreeing to these Terms Of Use, you agree that all transactions between you, including the Plan Sponsor, and VALIC and/or VRSCO, which transactions include, but are not limited to, investment and submission of funds instructions, calculation of amounts of funds, information about the e-Remit by VALIC remittance service or requirements, changes in the e-Remit by VALIC service or requirements, and additional agreements which may be necessary to continue the service may be made by electronic records and transfer of electronic records.

4. You may update your records at any time by using the "Talk to Us" feature on our web site at www2.valic.com/eremit.

5. The hardware and software requirements for access and retention of records provided by this service are:

a. a Pentium I processor or greater;
b. 35 mb of hard drive space;
c. an Internet connection capable of at least 28.8K baud;
d. Windows 95 (or higher), including Windows NT, or compatible software; and
e. Internet Explorer 5.01 or higher with Java enabled and cookies enabled.
Back to Contents

B. Proprietary Rights
1. Copyrights
All material contained in this Site is protected by law, including, but not limited to, United States copyright law and worldwide copyright and treaty provisions. Except as indicated, the entire contents (including images, text, and look and feel attributes) of the e-Remit by VALIC Site are owned and copyrighted by American International Group, Inc. (“AIG”). All rights worldwide are reserved. AIG also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of such content.

2. Trademarks/Service Marks
AIG is the owner of certain service marks, including the following:
VALIC«
e-Remit«
AIG«
American International Group«

3. Limited License
This Site is owned by AIG. Subject to the obligations in this Terms Of Use, under this Service Agreement, you are granted a non-exclusive, non-transferable, limited right to access, use and display this Site and the Materials thereon only to make contributions to qualified employee retirement plans of the Plan Sponsor for plan participants over the Internet. "Materials" include images, trademarks, expressions, information, graphics, video, audio, text, and all contents and aspects of this Site. Removing or altering the copyright notice on any material on the Site is prohibited. All copyright and trademark notices must be included with use of all Materials other than strictly financial information. No derivative works of content other than for financial contributions may be made.

We invite you to make copies of information on this Site for the personal use by Plan Participants and for commercial use by the Plan Sponsor to serve Plan Participants, but not for public use or any other commercial use.

You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You and the Plan Sponsor may use this site only for lawful purposes and in a manner which does not violate the rights or interests of others. You agree not to copy, modify, reproduce, republish, upload, post, transmit, or distribute any material from the e-Remit by VALIC Site in any way, except that you may use retrieved data, i.e., pertinent account information about employees or customers of the Plan Sponsor, in your own compilations for distribution to your own employees or customers. Modification of any Materials other than retrieved data from this Site for any other purpose is a violation of AIG’s copyright and other proprietary rights. The use of any materials other than retrieved data on any other computer web site or networked computer environment is prohibited.

The posting of any unlawful, threatening, libelous, defamatory, obscene, inflammatory, scandalous, pornographic, or profane material, or of any other content that could give rise to any civil or criminal liability under the law is strictly prohibited.

4. Confidentiality
e-Remit by VALIC contains information and offers capabilities to retrieve nonpublic personal information which VRSCO, the Plan Sponsor and employees of the Plan Sponsor consider confidential, proprietary, and sensitive ("Confidential Information"). Confidential Information shall include all information gained as a result of access to the e-Remit by VALIC Site, or gained from the Plan Sponsor's association with VALIC and/or VRSCO. The Plan Sponsor agrees to properly train its employees and persons who handle Confidential Information to comply with these and other obligations in this Terms Of Use. The Plan Sponsor will only provide Confidential Information to its employees who agree to abide by these Terms of Use. The Plan Sponsor will institute a privacy policy and privacy procedures to prevent disclosure of any Confidential Information other than to persons whom the Confidential Information is about, and to any officer, director, employee, agent, Decision Maker, or Authorized User who has reason to know the Confidential Information in order to provide a service requested by the Plan Participant. The Plan Sponsor agrees that all information that it receives or creates by virtue of using the e-Remit by VALIC web site will be held in strict confidence. The Plan Sponsor further agrees to monitor the use of the e-Remit by VALIC Site to ensure compliance with all obligations in this Terms Of Use.

The Plan Sponsor acknowledges and agrees that e-Remit by VALIC may be accessed only through the use of an Authorized User name and password ("ID's") assigned to the Plan Sponsor by VALIC or VRSCO. The Plan Sponsor shall be responsible for all usage of the Site by the Plan Sponsor, its officers, directors, employees, agents, contractors, persons for whom the Plan Sponsor is responsible, ("Plan Sponsor") and/or by persons gaining information, lawfully or unlawfully, through use of the system from the Plan Sponsor through the assigned ID's. Only the Plan Sponsor's Decision Maker can add to or change the list of Authorized Users designated by the Plan Sponsor by using the "Talk to Us" feature on the e-Remit by VALIC web site. VALIC and VRSCO reserve the right to terminate or restrict access by the Plan Sponsor, including any user or Authorized User, to the e-Remit by VALIC Site without notice and for any reason, including, but not limited to, the Plan Sponsor's breach of this Confidentiality provision.

You and the Plan Sponsor agree to abide by all additional restrictions displayed on the Site as the Site may be updated from time to time and further agree to prevent any unauthorized copying of any Materials. Except as expressly provided herein, you and the Plan Sponsor and its employees, agents, contractors, and persons for whom the Plan Sponsor is responsible are not granted any express or implied right under any patents, trademarks, copyrights or trade dress.

With the exception of applications commonly known as Web Browser software, or other applications formally approved by Site Sponsor in writing, you agree not to use any software, program, application or any other device to access or log on to Site Sponsor or Group's computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any information or content to or from Site Sponsor or Group's computer systems, Web site or proprietary software.
Back to Contents

C. Security Begins With You - Notify Us Of Any Error

You and the Plan Sponsor are responsible for regularly reviewing the accuracy of all information provided by you or VALIC and/or VRSCO by accessing the contribution history and reports on this Site and all transactions entered through this Site. You and the Plan Sponsor are also responsible for promptly notifying us of any errors or inaccuracies relating to information contained in, or omitted from, any contribution history or report, including errors or inaccuracies arising from the transactions conducted through this Site or any unauthorized withdrawals.
Back to Contents

D. Disclaimers of Warranty

VALIC and VRSCO provide the information, text, and graphics on the e-Remit by VALIC web site as a convenience to the Plan Sponsor. This Site may include technical inaccuracies or typographical errors. VALIC and VRSCO reserve the right to make periodic changes to the information contained on the Site. VALIC and VRSCO may also make improvements and/or changes in the format or content of this Site or the e-Remit by VALIC service at any time. VALIC and VRSCO also reserve the right to make changes in the hardware or software required to access the Site at any time.

VALIC AND VRSCO WILL MAKE REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE INFORMATION THAT IT TRANSMITS OVER THE E-REMIT BY VALIC SITE. HOWEVER, VALIC AND VRSCO DO NOT WARRANT AND CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS AND OTHER ITEMS RECEIVED BY YOU THROUGH THE E-REMIT BY VALIC SITE.

VALIC AND VRSCO DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THERE WILL NOT BE ERRORS OR LOSS OF DATA, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VALIC AND VRSCO DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE MATERIALS ON THIS SITE AND DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Back to Contents

E. Limitation of Liability

VALIC, which operates the e-Remit by VALIC Site, has implemented multiple levels of security, including encryption, to protect the confidentiality of information which you or the Plan Sponsor transmits to VALIC and/or VRSCO through the Site. However, because no Internet system can provide an absolute guarantee of confidentiality or security, the Plan Sponsor agrees that neither VALIC nor VRSCO, as applicable, will be liable for any damages which result from the unauthorized interception of information exchanged on the Site; from unauthorized use of a passcode or password by the Plan Sponsor or due to the conduct of the Plan Sponsor; from the unauthorized use of the Site by any person; from the accuracy, completeness, errors or loss of data or timeliness of the information, text, graphics, links or other items on this Site, or transferred to or from this Site; or from the privacy of responses provided to the Site Sponsor and its employees via e-mail. Neither VALIC nor VRSCO shall be liable for loss or damage which the Plan Sponsor suffers as a result of interruptions in services provided through the Site or for the Plan Sponsor's inability to use the Site for any reason.

UNDER NO CIRCUMSTANCES SHALL VALIC, VRSCO, OR THE GROUP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH USE OF THIS SITE, OR FROM USE OF, OR INABILITY TO USE, THIS WEB SITE BY ANY PERSON; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION DURING REPLY TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS; EVEN IF VALIC, VRSCO, GROUP OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, VALIC's, VRSCO’s and Group's liability is limited to the greatest extent permitted by law..</DIV>
Back to Contents

F. Indemnity

The Plan Sponsor agrees to defend, indemnify and hold VALIC, VRSCO, Group, their agents, employees and representatives harmless from any and all damages, including costs, interest, exemplary damages, consequential damages and attorneys' fees arising out of any cause of action, whether in tort or contract, to the extent of the negligence, gross negligence or intentional acts of the Plan Sponsor; to the extent of the unauthorized use of passwords or identification numbers by the Plan Sponsor or due to the conduct of the Plan Sponsor; or to the extent of the Plan Sponsor’s violation of any obligation in this Service Agreement.

To the extent this provision conflicts with applicable law, this limitation or exclusion may not apply.
Back to Contents

G. Arbitration

All disputes and causes of action, save for equitable actions for injunction, preliminary injunction or restraining order, arising out of this Service Agreement or the Plan Sponsor's use of the Site shall be arbitrated in Houston, Harris County, Texas or at another location mutually agreed upon by VALIC or VRSCO and the Plan Sponsor. Any such dispute or claim submitted to arbitration shall be resolved in accordance with rules promulgated by the American Arbitration Association. VALIC or VRSCO and the Plan Sponsor agree to share equally all costs incident to the arbitration, including payment of the arbitrator's fees. Any decision of the Arbitrator shall be binding and entered in any court of competent jurisdiction.

To the extent this provision conflicts with applicable law, this limitation or exclusion may not apply.
Back to Contents

H. Governing Law, Venue and Jurisdiction

This Service Agreement shall be construed and governed under the laws of the State of Texas, to the extent such laws are not preempted by any federal statute and without regard to conflict of laws rules. The Plan Sponsor agrees that jurisdiction and venue for any civil action arising out of this Terms Of Use shall be in Houston, Harris County, Texas, or such other location as may be mutually agreed by the parties.

To the extent any portion of this section conflicts with applicable law, that portion of this provision may not apply.
Back to Contents

I. You Authorize Us to Collect and Use Information

You hereby authorize VALIC and/or VRSCO and Group to collect information about your use of this Site to improve service to you and Plan Participants and regulate the Site.
Back to Contents

J. You Agree to Changes and Amendments by Posting on this Site

VALIC and VRSCO reserve the right to change this Terms of Use, any Site services, and Site content or any rules of use of this Site at any time without notice, or if we provide notice in our sole discretion, by (1) posting a change notice or a new Terms Of Use or Service Agreement on this Site, or (2) using commercially reasonable efforts to notify you via e-mail if provided. Any change to these Terms of Use or any other Site Rules shall be effective as to you or any user who uses this Site by posting of the Terms of Use or other Site Rules as changed on this Site, with or without notice of any specific changes. You agree that you will comply with any Terms of Use and Site Rules as they may be modified from time to time by VALIC and/or VRSCO by checking for changes on this Site, whether or not you have received notice of any changes by e-mail or otherwise. If any changes to this Terms Of Use are unacceptable to you, your only recourse is not to use this Site and terminate this Agreement. Your continued use of this Site following notice of any modifications or changes will constitute binding acceptance of any modification. Any inconsistency or ambiguity of terms between this Terms Of Use and any subsequent modifications of this Terms of Use posted on this Site shall be controlled according to the last posted Terms Of Use.
Back to Contents

K. You Authorize E-mail Response To Inquiries

We will respond to your inquiries and questions via e-mail if you provide us with an e-mail address. However, be advised that information sent by e-mail may not be completely confidential. This is not only because of certain aspects of electronic transfer, but also because others may have access to the computer or e-mail address to which the e-mail response is sent. Security of your computers, passwords and identification numbers is your responsibility. You hereby consent to response to your inquiries and questions via e-mail in view of the risks inherent in using e-mail.

You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We are entitled to rely on the e-mail address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or U.S. mail address. Please update your contact information using the "Talk to Us" feature below.
Back to Contents

L. Competitors May Not Use This Site

You agree that you will not allow a competitor of VALIC, VRSCO, or Group, which is in the insurance and/or financial services industry, to use or view this Site. Competitors and their employees, agents, and contractors may not use this Site for any purpose. Employees of competitors may use this Site for their personal use so long as information on the Site is not disclosed to a competitor of VALIC, VRSCO or Group, used for a commercial purpose or used for any purpose of competing with Site Sponsor or Group.
Back to Contents

M. You Agree To Abide by All Laws and Not Violate the Information of Others, etc.

You agree to abide by all applicable laws in using this Site and not violate the rights of others in data, finances, software code, records or information. You will not negligently, intentionally or maliciously damage, alter, destroy, take or transfer any data, software, code, records or information into our electronic or computer systems which is not wholly comprised of personal nonpublic personal information which you own or have the legal right to control, without our written consent, for any reason.
Back to Contents

N. Complete Agreement

This Terms of Use comprises the entire agreement between VALIC, and/or VRSCO and the Plan Sponsor concerning use of this Site; any correspondence to or transactions with VALIC and/or VRSCO, or contribution remittances or transactions through this Site (the "Subject"). There are no agreements, understandings, promises, or conditions, oral or written, express or implied, between the parties concerning this Subject which are not contained in this Terms of Use. There are no oral representations or agreements between the parties concerning the Subject which are not specified completely in this Terms of Use. This Terms of Use may not be modified unless in writing executed by authorized representatives of the parties.
Back to Contents

O. No Waiver of Severability

The failure by either party to insist upon strict performance of any of the Terms Of Use in the Service Agreement, or to exercise any rights or remedies shall not be construed as a waiver of its rights to assert those rights at any later time or to rely on any such terms or conditions at any time thereafter. The unenforceability in whole or in part of any term or condition of this Service Agreement shall not affect the enforceability of any other parts of the Service Agreement. All terms relating to disclaimers of warranty, confidentiality, arbitration, venue, jurisdiction and limitation of liability contained in this Service Agreement shall survive termination of the Service Agreement shall survive termination of the Service Agreement.
Back to Contents

P. Termination

The Plan Sponsor or VALIC and/or VRSCO has the right to terminate the services provided by the e-Remit by VALIC web site at any time upon written notice to the other party 30 days in advance of the date of termination.

In addition to any other right specifically granted in this Service Agreement, VALIC and/or VRSCO, as applicable, has the right, without giving prior written notice to the Plan Sponsor, to immediately terminate the e-Remit by VALIC service, this Service Agreement, or any other service or agreement with the Plan Sponsor due to the Plan Sponsor's violation of any provision in this Service Agreement, including, but not limited to, the Plan Sponsor's failure to adequately fund accounts for contribution transfers to VALIC and/or VRSCO, the Plan Sponsor's breach of the Confidentiality or User Access provisions, or the Plan Sponsor's use of this Site in an unlawful, infringing, or defamatory manner.
Back to Contents

VI. CONTACT AND NOTIFICATION INFORMATION

For questions concerning the Terms Of Use, technical information, difficulties in using this Site, and for any other questions relating to this Service Agreement and the e-Remit by VALIC service, please contact VALIC and VRSCO through the "Talk to Us" feature at www2.valic.com/eremit.

A. Report Unauthorized Use

If you believe that someone has used this Site, your information, or any registration information improperly, or used this service without proper authorization, please call us immediately at 1-800-853-6399, option 4.
Back to Contents


VII. CLICK "I AGREE" OR CLICK "CANCEL"

You, the person using this Site on behalf of the Plan Sponsor (or if a business entity, a person authorized to enter into this Service Agreement on behalf of the business entity), the Decision Maker, Authorized User and the Plan Sponsor have read this Service Agreement, and agree to be bound by all obligations herein. If so, click on "I Agree" below to continue.

If you disagree with any obligation in this Service Agreement, you must click on "Cancel" below and exit this Site and you may not use or view any materials or information on this Site.
Back to Contents

*VALIC represents the group of companies comprising The Variable Annuity Life Insurance Company (VALIC) and its subsidiaries VALIC Financial Advisors Inc. and VALIC Retirement Services Company.
copyrightę The Variable Annuity Life Insurance Company. All rights reserved.