You're also not using their service. Is turning your phone off and leaving it in a drawer for a month also breaking the agreement?
Credit card companies lobby to make debit cards illegal
Yes they want you to overspend. Their revenue strategy should not depend on it.
This is a very common contractual scenario--you get a discount for agreeing to only use one particular vendor, to the extent that you have a need for the particular kind of service they provide.
As per your binding contract, you agree to only use their service in return for getting the phone at a subsidized price. Their incentive to charge you less for the handset (incurring a loss on the sale) is that you agree to guarantee doing business with them.
And if that's a problem, unlocked phones are still always an option.
You mistakenly believe that contracts are in perpetuity.