Terms of Service

1. Service Agreement

Race Communications provides fiber internet and business voice services to qualifying commercial customers within our California service area. All services are governed by the Race Subscriber Agreement, these Terms of Service, and any applicable service order or proposal accepted by you at the time of sign-up.

By activating service or signing a service order, you agree to be bound by these terms. If you are entering into this agreement on behalf of a business, you represent that you have the authority to bind that business to these terms.

Race reserves the right to modify these terms with 30 days advance notice. Continued use of services after the effective date of changes constitutes acceptance of the updated terms.

2. Business Account Requirements

Race Communications business services are available to legitimate business entities, including sole proprietors, LLCs, corporations, partnerships, and non-profit organizations operating at a commercial or non-residential premises.

• You must provide accurate and complete billing information at signup and keep it current
• Each service address constitutes a separate account; multi-location accounts may be established with a single master billing contact
• You are responsible for all use of the service at your location, including use by employees, contractors, and guests
• Race may verify business status and conduct a standard commercial credit review prior to service activation

Race reserves the right to decline or terminate service to accounts that cannot be verified or that provide materially false information.

3. Acceptable Use

You agree to use Race services only for lawful purposes and in accordance with this Acceptable Use Policy. The following are prohibited:

• Illegal activity — using the service to transmit, distribute, or store material in violation of any applicable law, including copyright law, privacy law, or laws prohibiting harassment
• Spam and unsolicited messaging — sending bulk unsolicited commercial email, SMS, or other electronic messages
• Resale without authorization — reselling, subletting, or redistributing Race network access to third parties without a written reseller agreement
• Network interference — attempting to probe, scan, or penetrate the Race network or any other network; launching denial-of-service attacks; or knowingly transmitting malware or viruses
• Resource abuse — using the service in a manner that disproportionately impacts network performance for other customers, including running unauthorized open proxies or mass-download operations that contravene your service tier

Violations of this policy may result in service suspension, termination, or referral to law enforcement authorities. Race will cooperate with lawful government and law enforcement requests.

4. Billing & Payment

Business accounts are invoiced monthly, with invoices generated on or around your service anniversary date. Payment is due within 20 days of the invoice date (Net 20).

• Autopay — you may enroll in autopay via credit/debit card or ACH bank transfer. Autopay enrollments receive a $5/month discount on eligible plans
• Late payments — accounts more than 30 days past due may be assessed a late fee of 1.5% of the outstanding balance per month and may be subject to service suspension
• Service suspension — Race will provide written notice before suspending service for non-payment. A reconnection fee may apply to restore suspended service
• Disputed charges — billing disputes must be submitted in writing within 60 days of the invoice date. Undisputed portions of invoices remain due during dispute resolution
• Taxes and fees — applicable federal, state, and local taxes and regulatory fees are added to your invoice and are not included in advertised service pricing

5. Service Level Agreement

Race Communications offers a 99.9% monthly uptime SLA on Gigabit (1 Gbps) and higher speed tiers. This equates to no more than approximately 44 minutes of unplanned downtime per month.

• SLA credit — verified outages exceeding the SLA threshold are eligible for a service credit equal to one day of service fees per hour of excess downtime, up to a maximum of one full monthly service fee
• Claim process — credits must be requested within 30 days of the qualifying outage by contacting your account manager or submitting a ticket to business support
• Exclusions — the SLA does not apply to outages caused by customer equipment, scheduled maintenance (with advance notice), force majeure events, or situations outside Race's reasonable control
• Lower speed tiers — plans below Gigabit do not carry a formal uptime SLA, but Race targets the same network availability standards across all tiers

SLA credits are the sole and exclusive remedy for service availability failures.

6. Installation & Equipment

Professional installation is included at no charge for all new Race business accounts. Installation includes running fiber to your premises, installing the optical network terminal (ONT), and connecting to your existing network equipment at a single demarcation point.

• Customer responsibilities — you must provide safe and timely access to the premises for installation and any subsequent maintenance. Failure to provide access within a reasonable time may result in rescheduling fees
• Race-provided equipment — any equipment provided by Race (ONT, router, or managed Wi-Fi hardware) remains the property of Race Communications and must be returned upon service termination. Unreturned or damaged equipment will be billed at replacement cost
• Customer-owned equipment — you may use your own router or network equipment connected to the Race demarcation point. Race does not provide technical support for customer-owned equipment
• Inside wiring — Race is responsible for the fiber connection to the premises demarcation point. Inside wiring, patch cabling, and network buildout beyond the demarc are the customer's responsibility

7. Month-to-Month Terms

Race Communications business internet services are offered on a month-to-month basis. There are no annual contracts and no early termination fees.

• Cancellation — you may cancel service at any time with 30 days written notice to Race. Service continues through the end of the current billing period
• No ETFs — Race does not charge early termination fees on standard month-to-month service plans
• Custom agreements — certain custom enterprise or multi-location arrangements negotiated separately may include term commitments and associated pricing. Any such terms will be specified in a separate service order or contract addendum
• Price changes — Race will provide at least 30 days advance notice of any price changes to your service plan

8. Limitation of Liability

Race Communications will make reasonable efforts to provide reliable, uninterrupted service. However, to the maximum extent permitted by applicable law:

• Race is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the service, including lost profits, lost revenue, or loss of data
• Race's total aggregate liability to you for any claims arising out of or related to these terms or the services shall not exceed the total monthly service fees paid by you in the three months preceding the claim
• Race does not warrant that the service will be error-free, that defects will be corrected, or that the service is free of viruses or other harmful components

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you in full. Nothing in these terms limits Race's liability for fraud, willful misconduct, or gross negligence.

9. Governing Law

These Terms of Service and any disputes arising under them are governed by the laws of the State of California, without regard to conflict-of-law principles.

Any legal action or proceeding relating to these terms or the services shall be brought exclusively in the state or federal courts located in California. You consent to the personal jurisdiction of those courts.

In the event of any conflict between these Terms of Service and the Race Subscriber Agreement, the Subscriber Agreement shall control to the extent of the conflict.

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights.