Email Hosting - Terms & Policy

This is an Agreement between You and Without Code Inc. ("WOCode"), a corporation that provides Email Service and other services via the website at http://www.wocode.com.

The Email Service is provided to individuals who are eighteen (18) years of age or older. Please take the time to review this document carefully. By completing the registration process and setting up email hosting, you are stating that you are eligible to receive the Email Service and that you agree to be bound by all the terms and conditions in this Agreement.

Agreement Term & Renewals

Without Code email hosting services are billed annually, for a term of twelve (12) months.

Email hosting services are automatically renewed for an additional 12 months on the date of your renewal, unless the service is cancelled ahead of time. This agreement will be extended for an additional 12 months on each successful renewal of your services. If you do not wish to renew your services, you may disable autorenewal of your email subscription within your account.

Billing and Payment Information

Prices for email hosting are billed in USD, and all prices listed are shown in USD. We accept payment for email hosting services by major credit card, including AMEX, Mastercard and Visa. We reserve the right to change prices at any time.

Email inboxes are sold by tier, and upon selection of a billing tier you will be charged the full amount of that tier subscription. Inboxes not activated or unused during the period of your subscription are not eligible for partial or full refunds.

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Without Code account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Email Services may be automatically disabled or terminated. If you have any questions or concerns regarding a payment made to Without Code, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment. You will be responsible for any incorrect fees, losses and expenses that follow.

Mass Mailing / Acceptable Use Policy

To register for Email Services, you are responsible for providing us with complete and accurate information during the registration process. You are responsible for abiding by all local, national and international laws and regulations. You agree to be solely responsible for all acts and omissions carried out under your username and password, including the content of your transmissions sent through the Email Service.

By using the Email Service, you agree to not engage in any inappropriate activities, which include, but are not limited to the following:

• Sending unsolicited advertisements (spam)
• Sending email in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, any other duplicative or unsolicited e-mail messages.
• Collecting any information about others without their prior consent.
• Attempt to gain unauthorized access to our services, other accounts, computer systems and networks connected to the Email Service through any means or attempt to circumvent any protections or security systems.
• Publish, distribute or disseminate any materials deemed to be inappropriate, profane, indecent, defamatory, infringing, obscene or unlawful by applicable law or regulations.
• Transmit or upload any materials intended to defame, harass, threaten, abuse, stalk or otherwise harm other individuals.
• Transmit or upload any harmful materials such as viruses or any other malicious programs.
• Transmit or upload any material that violates intellectual property laws, trademark and copyright laws or rights of privacy unless you own or control or own the rights to the material or have obtained the necessary permission to do so.
• Creation of a fake identity for the purpose of misleading others.
• Sending of emails to large numbers of addresses (mass mailing). Emails sent to more than 8 email addresses at one time may be flagged and disabled at our discretion.

Without Code Inc. reserves the right to terminate any account, which we believe, in our sole discretion, is making use of Email Services to engage in the activities listed above, or using the Email Service to transmit spam or other unsolicited commercial messages. You agree to be held liable for any damages incurred by the abuse of our Email Service.

Exceeding Disk Storage

Without Code Inc. email inboxes include 5GB of file storage. If you account exceeds the 5GB limit at any point in time, we will notify you by email, at which point you have 7 days to reduce the storage below the 5GB limit.

In the event that storage is not reduced below the limit within a period of 14 days, the inbox may be suspended and additional storage fees may be applied to reactivate the inbox at a larger storage capacity.

We are not responsible for ongoing backup of emails.

Email Account Deletion / Retention / Cancellation

Upon expiry of your Email Services, your inbox will continue to send / receive email for a period of 14 days (“grace period”). After the 14-day grace period expires, the email account will be disabled, and email can no longer be sent or received until the billing subscription is renewed.

If an email account remains inactive for a period of 30 days following a failed renewal, it will be automatically deleted and can no longer be recovered.

Without Code Inc. reserves the right to terminate Email Services at any time, without refund.

Non-Guarantees

Without Code Inc. does not guarantee that Email Services will be 100% uninterrupted, error-free or completely secure. You acknowledge that there are risks inherent with internet connectivity that could result in the loss of your privacy, customer data, confidential information and business property.

You agree that your use of our services is solely at your own risk. You agree that such services are provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

Without Code Inc. will not be liable for any: Loss or suspension of the email service, use of the email service, interruption of the email service or your business, access delays or interruptions to the service, loss or liability resulting from acts beyond our control, data non-delivery / corruption / destruction, loss or liability from the unauthorized use of your account or password.

We will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid us over the last twelve months.

Indemnification

You agree to indemnify, defend, and hold harmless Without Code and its directors, officers, shareholders, employees, servants and suppliers against all claims, liabilities, damages, costs and expenses, including legal fees on a full indemnity (solicitor-client) basis, arising out of or related to a breach of this Agreement, the use of this Website, the use (or misuse) of any and all Without Code Property as well as any potential claims, liabilities damages or costs as a result of a third party claim for copyright infringement or otherwise.

Complaints & Legal Challenges

If Without Code Inc. is made a party to any legal action related to the use of your Email Services, you agree to be responsible for all of Without Code's costs and legal fees and to indemnify and hold Without Code harmless from any action.

If Without Code is notified that a complaint has been filed with a judicial or administrative body regarding your use of our Email Services, Without Code may, at its sole discretion, (a) suspend your ability to use Email services (b) deposit control of your Email Services with the appropriate judicial entity.

Jurisdiction

This agreement is governed by and will be enforced in accordance with the laws of the Province of Alberta, Canada and the federal laws of Canada. Any action brought against Without Code Inc. arising out of or relating to this agreement must be brought in the courts of Alberta, Canada and you consent to the exclusive jurisdiction of such courts.

Modification to Terms of Service Agreement

We reserve the right to change or modify this Agreement at any time. In the event of a change or modification to this Agreement, we will notify you by posting an updated version of this Agreement on this web site. You are responsible for regularly reviewing this Agreement. Continued use of the Email Service after any such changes or modifications shall be taken as your acceptance to be bound by the terms and conditions set forth in the modified Agreement.

These Email Service terms are provided in combination with our standard terms, located here.

Email hosting terms of use and policy last updated: September 9, 2020