ADDITIONAL TERMS OF SERVICE FOR APPFOLIO WEBSITE SERVICES

Last Updated: April 20, 2018

APPFOLIO WEBSITE SERVICES

The following additional terms of service apply specifically to the AppFolio Website Services and are hereby incorporated by reference into the Terms of Service, as that term is defined above.

1. AppFolio Website Services. By subscribing to the AppFolio Property Manager Services or to the AppFolio MyCase Services, you shall also have the option to subscribe to the AppFolio Website Services, which include, without limitation, our website hosting services (the “Website Hosting Services”) and website design services (the “Website Design Services”).

2. Website Hosting Services. If you elect to subscribe to the AppFolio Website Services, we shall host your website on our private servers. Customers on the Wordpress platform will be required to use AppFolio nameservers to configure their primary domain's DNS settings. Further, as part of the Website Hosting Services, we shall be responsible for the initial setup and registration or transfer of one domain name if we decide, in our sole discretion, that registration or transfer is necessary to enable the Website Hosting Services. If more than one domain name must be registered or transferred, additional fees may apply. You shall be responsible for providing materials and reasonable assistance as identified by us for the registration and/or transfer of domain name(s). We will maintain current domain registration as long as you are subscribed to the Website Hosting Services and have paid all applicable fees. As part of the set-up process, we will give you an opportunity to modify the current content of your existing website, if any. We will interact with your current hosting company only if necessary and authorized by you and will not be responsible for any costs incurred to obtain files or other transfer-related costs, all of which shall be your responsibility.

3. Website Design Services; Content for Website. In addition to the Website Hosting Services, we agree to provide the Website Design Services. In that regard, we agree to provide our proprietary design templates for use in connection with your website, together with a limited selection of alternative text, images and colors; provided, however, that you shall remain solely responsible for (a) the selection of the design template, (b) all data and content of your website, including without limitation all content you upload in conjunction with the AppFolio Website Services (the “Content”) and (c) the overall look and feel of your website. We will not provide custom design or photography services. You agree not to hire a third party to modify the design template, and you hereby expressly agree to use AppFolio to make any changes to the design template and/or Content. You acknowledge and agree that AppFolio is and shall remain the sole and exclusive owner of the proprietary design templates offered as part of the Website Design Service and you have no right, title or interest in the design templates except the limited right to use the template you select for as long as you use the Website Hosting Services.

4. Handling of Your Content and Domain upon Termination. Upon termination of the AppFolio Website Services, AppFolio’s sole obligation is to retain your Content in the format maintained by AppFolio in the production environment (test or draft versions of Content will not be retained) for thirty (30) days after the termination of the Website Design Services (the “Content Retention Period”). Upon written request during the Content Retention Period, we will export your Content to you as follows: (1) For Wordpress customers, we will provide XML Wordpress and Wordpress Media Library exports; (2) for Ruby on Rails customers, we will provide an HTML directory and Public Resource Directory. Content exports shall not include our proprietary design templates or themes, or any customized elements. If your domain name was originally purchased by AppFolio, or was transferred into our GoDaddy account, we agree to work with you in good faith to transfer your domain name from our AppFolio GoDaddy account, and will use commercially reasonable efforts to do so. At the end of the Content Retention Period, if you have not worked with us to transfer your domain out of our Account, we will relinquish control of your domain name and release it back to the TLD Registry. With that said, we will not pay any renewal or other domain name-related fees or costs after termination of the AppFolio Website Services.

5. Integration Services. By subscribing to the AppFolio Website Services, you may request that we integrate all available AppFolio Services into your website. For clarity, we will not be responsible for integrating your website with any non-AppFolio products or services. Links to third party services may be made available to you upon request.

6. Your Website Content.

6.1 License. You grant us a nonexclusive, worldwide and royalty-free license for the term of the Agreement to (i) edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, publicly perform, publicly display, and otherwise use all of your Content, and (ii) make archival or back-up copies of the Content, as necessary for the purpose of rendering and operating the AppFolio Website Services to you pursuant to this Agreement. Except for rights expressly granted under this Agreement, we do not acquire any right, title or interest in or to the Content, all of which shall remain solely with you.

6.2 Our Rights. We may temporarily disable or suspend all or any aspect of the AppFolio Website Services if you fail to pay the fees due for your subscription or otherwise breach this Agreement. Further, we may restrict or remove from our servers any Content that either (a) violates this Agreement or any related policies or guidelines, or (b) is otherwise objectionable or potentially infringing on any third party’s rights or that potentially violates any laws. These rights of action, however, do not obligate us to monitor or exert editorial control over your Content or any other aspect of your Website. If we take corrective action because of any possible violation, we will not refund to you any fees paid by you in advance of the corrective action.

6.3 Ethical Guidelines. Your State may require you to keep a copy of your Content for ethical purposes. Your State may also require you to obtain and keep a new copy of your website every time something is changed, every 90 days, or after another triggering event. Please be advised that it is your responsibility to ensure that you are meeting your State’s ethical advertising requirements as it pertains to keeping a copy of content or any other legal, regulatory or ethical matter. For clarity, it is your sole obligation to comply with all applicable local, state, federal, and foreign laws (including laws regarding privacy and protection of personal or consumer information) in using the Services, including without limitation the AppFolio Website Services.

6.4 Additional Representations and Warranties. You warrant, represent and covenant to us that (a) you have verified the accuracy of materials distributed or made available for distribution via the AppFolio Website Services, including any and all Content, descriptive claims, warranties, guarantees, nature of business and address where business is conducted and such information and materials are not fraudulent or misleading and do not violate any applicable laws, rules, regulations or guidelines; (b) you are the owner or valid licensee of the Content and have secured all necessary permissions, consents, licenses, waivers and release for the use of the Content and each part thereof, and (c) use, publication and display of the Content does not, and will not, infringe or violate any rights of any third party (including any intellectual property rights) or violate any applicable laws, rules, regulations or guidelines and there are no pending or threatened claims alleging any such infringement or violation.

7. Fees

7.1 Website Set Up Fee. The non-refundable one-time AppFolio Website Services set-up fee is set forth in the Order Form or online set-up flow and is due and payable on your next regular billing date following delivery by AppFolio of a fully functional website for your review (a “Preview Site”). No refunds of fees you have paid will be given even if you elect to terminate your subscription early.

7.2 Website Monthly Fees. If you purchase a package website offering for property or legal practice management, then a recurring non-refundable monthly fee per website is applicable as set forth in the Order Form or online set-up flow, and is due and payable starting on your next regular billing date following AppFolio’s delivery of the Preview Site. No refunds of fees you have paid will be given even if you elect to terminate your subscription early.

7.3 Past Due Amounts. If you fail to pay the fees due and payable for the AppFolio Website Services, AppFolio reserves all of its rights, including without limitation the right to engage a collections agency to collect the fees, and you shall pay all costs incurred by AppFolio in connection with the collection of past due amounts, including without limitation reasonable attorneys’ and collections agencies’ fees plus interest in an amount equal to the lesser of 1.0% per month or the maximum rate permitted by applicable law.

8. Encryption; SSL Certificates. We currently secure each website purchased as part of the AppFolio Website Services with SSL certificates, which may result in SSL-related errors or warnings for site visitors who use an older browser or out-of-date browser version. Upon termination of the AppFolio Website Services, any SSL certificate protection will terminate as well. Finally, in order to participate in the AppFolio Website Services, you agree to be, and hereby are, bound by the Let’s Encrypt Subscriber Agreement, which can be found at http://letsencrypt.org/repository.