Billing Agreement: All customers are billed in advance as outlined and selected below. All customers are billed from the date they are activated to the date they are disconnected.
BREEZE COMMUNICATIONS INTERNATIONAL will maintain a customer service department to handle any billing disputes, which are submitted by a subscriber. Once notice of changes have been displayed over the service, BREEZE COMMUNICATIONS INTERNATIONAL reserves the right to adjust this agreement, price structure, operating regulations and/or may cease or revise any or all aspects of the service without prior notice. Unless otherwise agreed, subscriber's rights to use the service or to appoint users is not transferable and is subject to any limits established by BREEZE COMMUNICATIONS INTERNATIONAL, or by a subscriber's credit card company if billing through a credit card. Subscribers shall pay, in accordance with the provisions of the Billing Option selected by the subscriber, any registration or monthly fees, connect time charges, minimum charges and other charges incurred by the subscriber or its designated users at the rates in effect for the billing period in which these occurred, including but not limited to charges for any purchases made through the Service and any surcharges incurred using any supplemental networks or networks or services other than the Service. Subscribers shall pay all applicable taxes relating to use of the Service by member or its designated users. Subscribers shall be responsible for all use of the Service accessed through the subscriber's or its designated user's password(s).
Warranty: Subscribers will be responsible for and must provide all equipment including but not limited to computer, modem, telephone, etc. necessary to access the service. Subscribers nor their assigned users may reproduce, retransmit, redistribute, transfer, publish or commercially capitalize on any information, software or general content which they receive via the service. Neither BREEZE COMMUNICATIONS INTERNATIONAL nor any of its content providers, licensers, employees or agents warrant that the service will be uninterrupted or error free; make any warranty as to the results to be obtained from the use of the service. The service is distributed on an "as is" basis without warranties of any kind, either expressed or implied. Neither BREEZE COMMUNICATIONS INTERNATIONAL nor anyone else involved in creating, producing or delivering the service shall be liable for any direct, indirect, special or consequential damages developing out of use of the service. Subscribers expressly acknowledge that the provision of this agreement shall also apply to the third party content.
Business Accounts: If member's account is a qualified business account and approved by BREEZE COMMUNICATIONS INTERNATIONAL for corporate billing, charges for the services provided under this Agreement will be accumulated and identified by User ID and will normally be invoiced following the end of the month in which the service is provided. Terms of payment on all charges are net ten (10) days. If payment due hereunder is not made by the member within thirty (30) days after the invoice date, late charges of one and one-half percent (1.5%) per month shall be due and payable with respect to such payment. BREEZE COMMUNICATIONS INTERNATIONAL may, in addition, at its sole discretion and without notice to the member, (a) suspend its performance under this agreement and the member's and its designated users' access to and use of the Service, or (b) terminate this agreement and member's and its designated users' access to and the use of the Service. For accounts not approved by BREEZE COMMUNICATIONS INTERNATIONAL for corporate billing, member must provide payment by credit card, direct debit or personal check.
NON SUFFICIENT FUNDS: Checks returned for Non-Sufficient Funds will be debited against the customer's account and a fee of $30.00 for each returned check will be charged against the customer's account.
General
BREEZE COMMUNICATIONS INTERNATIONAL, offers Internet access and related services through its system to its subscribers. BREEZE COMMUNICATIONS INTERNATIONAL does not and cannot control the content, quality or accuracy of information available through its system(s) or over the Internet in general. These terms and conditions of sale set forth the basic rules that apply to Breezecomm's services and use of its system. BREEZE COMMUNICATIONS INTERNATIONAL may change these terms and conditions of sale in the future upon notice published on-line or otherwise provided by BREEZE COMMUNICATIONS INTERNATIONAL. By using Breezecomm's services and system, a subscriber agrees to comply with the terms and conditions of sale as published online or otherwise available from BREEZE COMMUNICATIONS INTERNATIONAL from time to time. If any change to the terms or conditions of sale, Breezecomm's services, system or pricing is unacceptable to a subscriber, the subscriber may terminate its account in accordance with Section 5 below.
Lawful Use
Breezecomm's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Breezecomm's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through Breezecomm's system must comply with the rules for such other networks.
Changes to Service
The services provided by BREEZE COMMUNICATIONS INTERNATIONAL and Breezecomm's system(s) are expected to change from time to time. BREEZE COMMUNICATIONS INTERNATIONAL reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software.
Payment Terms
A subscriber must pay fees per Breezecomm's rate schedule in effect from time to time as a condition to obtaining access to Breezecomm's services and system. Rate changes will be effective when published on-line or otherwise provided to subscribers. Payment terms of monthly fees are net 10 days. A late fee of five dollars will be charged to the account if payment is not received by the fifteenth of the month. Payments not made within 30 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice. Monthly charges will not be prorated.
Termination and Suspension
Either subscriber or BREEZE COMMUNICATIONS INTERNATIONAL may, at its sole discretion, terminate the subscriber's account at any time with or without reason. BREEZE COMMUNICATIONS INTERNATIONAL also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Monthly charges will not be prorated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. BREEZE COMMUNICATIONS INTERNATIONAL may delete all data, files or other information that is stored in subscriber's account upon termination.
No Warranty; Limitation of Liability
Use of Breezecomm's services and system and the Internet in general is at user's sole risk. BREEZE COMMUNICATIONS INTERNATIONAL does not warrant that its services and system will be uninterrupted or error free; nor does BREEZE COMMUNICATIONS INTERNATIONAL make any warranty as to the results or information obtained from use of its service or system or the Internet in general.
Breezecomm's services and system are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including implied warranties of merchantability or fitness for a particular purpose, all of which warranties are hereby expressly disclaimed except to the extent any warranty cannot be disclaimed under applicable law. Under no circumstances shall BREEZE COMMUNICATIONS INTERNATIONAL be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits. The maximum liability of BREEZE COMMUNICATIONS INTERNATIONAL to any subscriber or user for any and all loss, claim, damage or liability of any kind, including due to Breezecomm's negligence, shall be limited to the amount paid by the subscriber or user to BREEZE COMMUNICATIONS INTERNATIONAL during the six month period preceding the claim.
Indemnity
The subscriber agrees to indemnify and hold harmless BREEZE COMMUNICATIONS INTERNATIONAL, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account whether or not authorized.
Non-Transferability
Subscriber's account and right to use Breezecomm's services and system is not transferable without Breezecomm's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.
Confidentiality
Electronic mail and other transmissions passing over the Internet and through Breezecomm's system are not confidential. Accordingly, BREEZE COMMUNICATIONS INTERNATIONAL cannot guarantee the protection or privacy of any information of any user. BREEZE COMMUNICATIONS INTERNATIONAL reserves the right to monitor a user's mail and transmissions as a necessary incident to providing service and otherwise to protect the rights or property of BREEZE COMMUNICATIONS INTERNATIONAL. BREEZE COMMUNICATIONS INTERNATIONAL will not disclose any such information unless required to do so pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel.
Interpretation
These terms and conditions supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these terms and conditions shall only be effective if in writing, signed by an authorized officer of BREEZE COMMUNICATIONS INTERNATIONAL. These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of New York without regard to choice of law principles.
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.
