1.1. These terms are a set of relevant Specialist Terms of Service as set out in clause 2.2.2 of the Breeze Basic Terms of Service. They should therefore be read in connection with those Basic Terms of Service and incorporate the interpretations from the Basic Terms of Service.
1.2. Without prejudice to the contents of clause 1.1 of these terms, the following interpretations shall apply in these terms:
1.2.1. “Heightened Cyber Security Requirements” means any laws, regulations, codes, guidance from regulatory and advisory bodies (whether mandatory or not), international and national standards, industry schemes and sanctions, which are applicable to the Client (but not the Host) relating to security of network and information systems and security breach and incident reporting requirements, which may include the Cybersecurity Directive ((EU) 2016/1148), Commission Implementing Regulation ((EU) 2018/151), the Network and Information systems Regulations 2018 (SI 506/2018), all as amended or updated from time to time.
1.2.2. “Inappropriate Content” shall have the meaning in paragraph 3.1 of these terms.
1.2.3. “Site” means the website or sites belonging to the Client or that the Client has identified for Breeze to host.
1.2.4. “Vulnerabilities” means a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to confidentiality, integrity, or availability, and the term Vulnerability shall be interpreted accordingly.
2. Choice of Web Host
2.1. These terms shall apply if the Client either explicitly or implicitly designates Breeze as the Web Host.
2.2. Where the Client appoints Breeze to host part of the Site only, its liability will be limited only to that part of the Site.
2.3. Upon Commencement, Breeze will designate the server upon which the Site is to be hosted.
2.4. Breeze may, from time to time, relocate the Site to a different server. Breeze accepts no responsibility for loss of content or usage due to a transition from one server to another.
3. Site Content
3.1. Breeze shall update the Site with Materials provided from time to time by the Client within a reasonable timeframe of a request. The Client shall ensure that the Materials do not infringe any applicable laws, regulations or third party rights (such as but not limited to material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (Inappropriate Content).
3.2. Breeze shall include only the Materials on the Site. The Client acknowledges that Breeze has no control over any content placed on the Site by Users and does not purport to monitor the content of the Site. Breeze reserves the right to remove content from the Site where it reasonably suspects such content is Inappropriate Content or is otherwise obliged to by law.
3.3. The Client shall indemnify Breeze against all damages, losses and expenses arising as a result of any action or claim that the Materials or any other material posted to, or linked to, the Site constitutes Inappropriate Content.
3.4. Breeze may include the statement “Powered by Breeze” on the home page of the Site in a form to be agreed.
4. Domain Purchase
4.1. Where Breeze is instructed to purchase a domain name for the Client before beginning hosting, Breeze will retain the Intellectual Property Rights in the domain name until payment of the Charges has been made in full, at which point the Intellectual Property Rights will transfer to the Client.
4.2. Breeze will take reasonable steps to check with the Client that the domain name is suitable for the Client’s purposes before purchasing the said domain name, however, if this does not happen, the Client agrees still to pay Breeze for the purchase of the said domain name.
4.3. Breeze does not warrant that any particular domain name that it purchases shall not breach the intellectual property rights of any third party. Where Breeze suffers loss as a result of or in relation to such a domain name purchase, the Client agrees to indemnify Breeze for such loss.
5.1. Breeze does not warrant that:
5.1.1. the Client’s use of the Services or the Site will be uninterrupted or error-free; or
5.1.2. the Services or the Site will be free from Vulnerabilities
5.1.3. the Services or the Site will comply with any Heightened Cybersecurity Requirements.