1.1. Breeze is a service provided by Silver Dolphin Solutions, LLC (hereinafter referred to as Service Provider). By registering with Breeze as user, you (hereinafter referred to as Breeze User) accept these Terms of Service (hereinafter referred to as TOS) pertaining to the use of Breeze.
1.2. The services provided are exclusively for persons who have reached the age of 14. If the Breeze User operates a store (see 2.1) the minimum age is 18 years.
1.3. The Service Provider reserves the right to complement, extend, change, discontinue or improve services offered, in particular where such measures will improve the technological standard of the services or are deemed necessary for preventing abuse. Such modifications may lead to changes in the appearance of the BreezeWebPages (see 2.1). The Service Provider will only make such modifications if they are reasonable and acceptable for the Breeze User or if their implementation is required by law.
1.4. Furthermore, the Service Provider may, with the consent of the Breeze User, amend the contract with the Breeze User as well as these Terms of Service. Consent to the amendment shall be deemed as given if the Breeze User does not object to the amendments within one month after receipt of the amendment notice. In the amendment notice the Service Provider will inform the Breeze User of the consequences of his failing to lodge an objection.
2. Object of the contract, amendment of the contract
2.1. Breeze provides an online service allowing Breeze Users to create their own Website (referred as BreezeWebPages). The services allow Breeze Users to adapt the design of their own BreezeWebPage, to create and manage the site’s content, and to operate an online store. Breeze offers different versions of this service: (a) a free BreezeWebPage (referred to below as "BreezeWebFree") and (b) more comprehensive BreezeWebPage versions which are subject to a fee (referred to below as "BreezeWebHost" and “BreezeWebStore”). For updated specifications for these versions please visit https://www.getthebreeze.com/pricing/
2.2. All services provided by the Service Provider free of charge may be discontinued at any time. In such a case the User will not be entitled to claim the continuation of this type of service.
2.3. Users of paid Breeze plans (BreezeWebHost and BreezeWebStore) agree that the invoice for the service will be sent electronically (via email). The invoice is valid without a signature.
2.4. In the event that the BreezeWebFree User fails to log onto his BreezeWebPage within 180 days, the Service Provider may delete the BreezeWebPage and its contents permanently and suspend all access to Breeze by the User.
2.5. BreezeWebFree Pages contain advertisements. The Breeze User is not permitted to edit, remove, or conceal any advertisements.
2.6. The BreezeWebPages of BreezeWebFree Users are published under a sub-domain (e.g., www.username.getthebreeze.com). BreezeWebFree Users are not permitted to redirect an externally hosted domain to their BreezeWebPage or to display the BreezeWebPage on an external Website (e.g. integration via frame or Iframe).
2.7. The Service Provider reserves the right to make use of the services of third parties in providing services.
3. Personal Data
3.1. The Breeze User confirms that all the personal data provided is true and complete. The Breeze User hereby agrees to the recording and electronic storage of this data by the Service Provider. The Service Provider will not transfer the data to third parties unless the Breeze User expressly agrees to this or the transfer is necessary to fulfill the services (for example, sharing of data for domain registration with the domain registrar). The Breeze User undertakes to keep the personal data updated. In order to prevent abuse by unauthorized third parties, the Breeze User is under an obligation to keep the login data confidential.
4. Contract Length & Termination, Service Termination, Refund of Subscription Fees
4.1 Free BreezeWebPages can be deleted by the User at any time, directly on that BreezeWebPage. To do so, the User only needs to log in on the BreezeWebPage and go to Settings to find the Delete Account option.
4.2 Unless otherwise stipulated in the subscription description, the duration of BreezeWebHost and BreezeWebStore contracts is 12 months, and renews for this same period of time unless the User terminates the subscription one month before the subscription ends. To cancel via email, the cancellation request must be sent from the contact email address on file for the BreezeWebPage. The cancellation request must also contain the registered user name and date of termination.
4.3. The Service Provider may terminate the contracts with the User unilaterally and without stating reasons by giving at least one month’s notice. In such a case the Service
Provider will refund any fees paid by the User in advance on a pro rata basis. The Service Provider reserves the right to terminate the contract without notice in case the Breeze User fails to fulfill his contractual obligations (see section 5). Further, a breach of contractual duties may lead to civil or criminal action. In such a case any fees paid in advance on a pro rata basis will not be refunded.
4.4. The Service Provider further reserves the right to remove the BreezeWebPage and block access to Breeze by the User in case fees are not paid. In such a case the Service Provider will inform the Breeze User accordingly. Furthermore, in such a case, the Service Provider is furthermore entitled to delete (“CLOSE”) the user’s domain(s). By accepting these Terms of Service,
the user grants Breeze the explicit right to this type of termination.
4.5. Termination of optional services in addition to BreezeWebHost or BreezeWebStore will not affect the overall contractual relationship.
4.6. Upon termination of the contractual relationship the Service Provider will have no obligation to perform contractually agreed services. Accordingly, the Provider may delete any of the Breeze Users data on the server, including emails in the Users mailboxes. Transferring the data related to the Users BreezeWebPage to the server of a third-party provider will not be possible. It is therefore the Breeze Users own responsibility to store and back up the data in due time. In addition, the Service Provider may, upon termination of the contract, have any of the Breeze Users domains which have not been transferred to a new provider deleted by the relevant organization for allocation of domain names (CLOSE).
5. General obligations of the Breeze User
5.1. The User is responsible for any contents provided or stored by him on his BreezeWebPage. The Service Provider is under no obligation to inspect the BreezeWebPages of the Breeze Users with regard to violations of law.
5.2. The user is responsible for complying with all laws for their jurisdiction, as well as the regulations of the Federal Republic of Germany. This also applies explicitly to any additional legal regulations regarding operation of a store.
5.3. The User undertakes not to take any actions that may infringe or violate the rights of third parties (including their personality rights) when using the Breeze services.
5.4. The User undertakes not to provide any contents which are legally prohibited or contra bonos mores (in particular pornographic, racist, xenophobic, extremist or any other reprehensible contents) or may infringe the rights of third parties (in particular trademarks, rights to bear a name and copyrights). Moreover, the Breeze User undertakes not to use a BreezeWebPage
for the purposes of spamming or BreezeWebFree sites for “linkbuilding” activities. In the event of claims due to illegal content which the User has placed on a Breeze site, the User agrees to
indemnify and hold Breeze harmless from any claim or demand. The user also agrees to assist Breeze in every manner in responding to and in defense of such claims.
5.5. The Breeze User undertakes not to create direct links from other websites to downloads on his BreezeWebPage.
5.6. The Breeze User undertakes to observe all legal requirements pertaining to the provision of contact details or any equivalent legislation in the country of use.
5.7. The Breeze User is under an obligation to regularly back up all data files and software settings to which he has access. In all cases the Breeze User is required to take
appropriate data backup measures before making changes to his BreezeWebPage and, provided that the Service Provider has notified the User in due time, before maintenance work is carried out by the Service Provider. Under no circumstances may backup copies be saved on Breeze’s servers.
5.8. The Breeze User is prohibited from sending large numbers of emails with the same content without the consent of the recipients (spam) via systems or servers of the Service Provider.
5.9. The Breeze User will use the designs provided by Breeze exclusively for his BreezeWebPage. The Breeze User is expressly prohibited from storing the BreezeWebPage and transferring it to and using it on an external server.
6. Domain Name Registration, Domain Name Cancellation, and Change of Registrar
6.2. The Breeze User is in particular responsible for providing correct and complete data regarding the domain name holder (registrant) and the administrative contact (admin-C) when domain name holder, an physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address and telephone number. If this information changes, the Breeze User must immediately inform the Service Provider of this change by updating it online.
6.3. Upon formation of the contract, the Service Provider will make the option available to register the desired domain name with the responsible registrar. The Service Provider may defer activation of a domain name until payment of the agreed fees for the registration services has been received. The Service Provider is in no position to influence the allocation of the domain name by the relevant organization. The Service Provider can neither guarantee that the requested domain names will be allocated to the Breeze User and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information given by the Service Provider regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested. The domain will not be deemed as allocated before registration of the domain in the name of the Breeze User and its entry in the database of the registrar.
6.4. Before applying for a domain name, the Breeze User will check that the domain name does not violate the rights of any third party or contravene existing legislation. The Breeze User affirms that he has fulfilled this obligation and that during this check there was no indication for such infringement or violation.
6.5. Any changes to the requested domain name after registration with the relevant registrar are precluded. In case that during the time needed for forwarding the domain name
request to the registrar, the domain name has already been allocated otherwise, the Breeze User will be entitled to choose a different domain name. This will not apply if, in case of a change of providers, the previous provider declines this change. In such a case the Breeze User will make the required arrangements for the release of the domain name by the previous provider or apply for a further domain name through the Service Provider for an additional fee. Should certain domain names have been cancelled by the Breeze User or due to binding decisions in domain name disputes, the Breeze User will not be entitled to apply for a free substitute domain name.
6.6. Subject to these TOS and those of the relevant allocating organization, the Breeze User may transfer all domain names registered through the Service Provider to
another registrar, provided that the new registrar offers the corresponding top-level domain name (e.g. .COM, .DE) and, as circumstances require and based on technical requirements, supports the change in registrar. The service contract will remain unaffected by such a change in provider. However, the User is required to provide notice of cancellation. All declarations concerning the domain name, in particular any domain name cancellation, change of registrars, and deletion of a domain name must be made in writing. Should the Service Provider, due to failure on the part of the Breeze User or the new registrar to make timely arrangements or because the conditions for the change have not been met, be unable to grant the change of registrars (domain transfer) to the Breeze User’s new registrar, the Service Provider is expressly entitled to have the cancelled domain name deleted (CLOSE) by the relevant allocating organization after the cancellation date has lapsed. The Service Provider reserves the right to allow domain transfers only if the Breeze User has settled all undisputed pending claims with the Provider.
6.7. The Breeze User must notify the Service Provider immediately should he lose the rights to a domain name registered on his behalf.
7. Service Disruption
7.1. The Service Provider will endeavor to ensure that the services are available and function properly at all times. The User acknowledges, however, that for technical reasons as well as due to the Service Provider's dependence on external factors, e.g. telecommunications networks, the uninterrupted availability of individual BreezeWebPages cannot be guaranteed. The Breeze User can therefore not assert a claim for continual access to the BreezeWebPages. Access restrictions of only a temporary nature shall not constitute grounds for warranty claims nor a right to extraordinary termination. In addition to the possible access restrictions due to circumstances beyond the Service Providers control, the Service Provider also reserves the right to impose temporal and/or complete access restrictions, particularly where the BreezeWebPage is temporarily disabled for the purpose of installing technical improvements or eliminating errors and defects,
7.2. In order to ensure the proper operability of the BreezeWebPages editing function, a number of system requirements are required. A list of these requirements is available here. The Service Provider is not liable for disruptions caused by different system configurations.
8.1. The Service Provider is not liable for loss of data by the User or for unauthorized access to personal user data by third-parties (e.g. hackers).
8.2. The Service Provider also cannot be held liable for misuse by third parties of data and information made available to them by the Users themselves.
8.3. The Service Provider shall not be liable for any activities of or contents posted by the Users.
8.4. The Service Provider cannot be held liable for lost revenue or other damages arising from malfunction or unavailability of the Breeze systems. Excepting injury to life, limb, or health, Silver Dolphin Solutions, LLC is not liable for other damage claims. This exclusion does not apply to damages resulting from gross negligence on the part of Silver Dolphin Solutions, LLC or deliberate or gross negligence of Silver Dolphin Solutions, LLC’s legal representatives or agents.
8.5. Any liability on the part of the Service Provider or affiliated providers will be limited to the equivalent amount of a yearly user fee.
9. Data Protection
9.1. The Service Provider will collect, process and use personal data concerning the Breeze Users. For further information regarding the Service Providers data processing and data protection policies, visit our privacy statement.
9.2. The Breeze User is aware of the fact that from a technical point of view the Service Provider is able to view any of the data saved on the Breeze server and that there is a theoretical possibility that the Breeze Users data may be accessed by unauthorized third-parties when transmitting the data over the Internet.
10. Cancellation Policy
10.1 You have a right to cancellation. Please read more in our Cancellation Policy.
11. Final Provisions
11.1. Should any individual provision of this contract be or become void, the validity of the remaining provisions shall remain unaffected. Notice is herewith given that data of users will be computer processed in machine-readable form.
11.2. These TOS and the contract shall be governed by the laws of the United States of America. This shall also apply in case the User registers from another country. The
place of jurisdiction is the location of the Service Provider’s registered office.
(Last updated: January 26, 2017)