Race wants its customers to be fully informed of their rights and obligations in connection with their use of the internet, as well as Race's rights and obligations as a provider of internet products and services.
Therefore, Race values knowing that our customers understand our various policies and procedures. Please review the sections below to keep yourself up to date and informed.
Offer valid for residential customers in Race serviceable areas. Not to be combined with any other offer. Equipment charges may apply. Service is subject to terms and conditions of Race's subscriber agreements and other applicable terms and conditions located at www.race.com/LegalNotices/. Restrictions apply. Installation is applicable to standard installation only with one jack to be turned up inside unit. Inside wiring and outlet charges are extra. Appointment cancellations must be made 24 hours prior to your scheduled installation date and time. Appointments cancelled within 24 hours of your scheduled appointment subject to $25.00 cancellation fee. Call for complete details.
Risk-free/30 day offer limited to return of monthly service fees actually paid, when service is cancelled during the first 30 days, but does not include non-recurring charges (NRC). Services cancelled after the initial 30 day period, subject to Early Termination Fee of $200.00. One year contract begins after your first month of free service. To access the mail in rebate form for your standard modem, go to www.race.com to print and mail in rebate. Delivery of rebate takes approximately 6-8 weeks after receipt of rebate form. Actual speeds may vary and are not guaranteed. Service, pricing and offerings are for Race residential customers only. Commercial pricing and service offerings differ. Prices do not include taxes and franchise fees. Services and pricing are subject to change without prior notice. Services are subject to terms and conditions of Race Telecommunications subscriber agreements and other applicable terms and conditions. After contract expires, standard rates will apply.
***Race Telecommunications and its family of companies reserves the right to contact you via your contact voice number(s), email address, and mailing address to notify of local emergencies, network outages and routine maintenance that may affect service. We also have an obligation to assist law enforcement and other government agencies responsible for protecting the public welfare, whether it be an individual or the security interests of the entire nation. If and when we are asked to help, we do so strictly within the law and under the most stringent conditions. In order for your donation to be processed, your school must be registered as a donation recipient.
These Terms of Service constitute the agreement ("Agreement") between Race ("we," "us" or "Race") and the user ("you," "user" or "Customer") of Race's Voice, Television, or internet services and any related products or services ("Service"). This Agreement governs both the Service and any devices, ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.
Service is offered on a monthly basis for a term which begins on the date that Race activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Race written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation any unbilled charges, plus a disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
If you have subscribed to Race's Residential services, the Service is provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Race in advance. You agree that your use of the Service, or the use of the Service provided to you by any other person for any commercial or governmental purpose will obligate you to pay Race's higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. Race reserves the right to immediately terminate or modify the Service, if Race determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use.
If you have subscribed to Race's Business services, the Service is provided to you as a business user. This means that you are not to resell or transfer the service to any other person for any purpose, without express written permission from Race in advance. You agree that the Race Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. Race reserves the right to immediately terminate or modify the Service, if Race determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities.
You agree to use the Service only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Race's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Race reserves the right to terminate your service immediately and without advance notice if Race, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation any unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You are liable for any and all use of the Service by yourself and by any person making use of the Service provided to you and agree to indemnify and hold harmless Race against any and all liability for any such use. If Race, in its sole discretion believes that you have violated the above restrictions, Race may forward the objectionable material, as well as your communications with Race and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
You agree to notify Race immediately, in writing or by calling the Race customer support line, if your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Race receives notice of the theft or fraudulent use, you will be liable for all use of the Service stolen from you and any and all stolen Service or fraudulent use of the Service.
Upon termination of the Service, Race may, at its sole discretion, release a telephone number that was ported in from a previous service provider to Race by you and used in connection with your Service provisioned by Race to your new service provider, if such new service provider is able to accept such number, and provided that (i) your account has been terminated; (ii) your Race account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account.
Race does offer 911 dialing service in the U.S. When you dial 911, your call is routed from the Race network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address that you listed at the time of activation. You acknowledge and understand that when you dial 911 from your Race service it is intended that you will be routed to the general telephone number for the PSAP or local emergency service provider. Race relies on third parties for the forwarding of information underlying such routing, and accordingly Race and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect. Neither Race nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of Race. You agree to indemnify and hold harmless Race and its third party provider from any claim or action arising out of misroutes of 911 calls.
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911dialing.
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
You acknowledge and understand that Race's liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless Race, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 911 or to access emergency service personnel.
Race may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the "Service Announcements" section of Race's website (currently located at http://www.race.com). Such changes will become binding on Customer, on the date posted to the Race website and no further notice by Race is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.
You must give us a valid credit card number (Visa, MasterCard, Discover, American Express or any other issuer then-accepted by Race) when the Service is activated. Race reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Race at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which Race decides to bill in arrears) to your credit card, including but not limited to: activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases, disconnect fees and shipping and handling charges. Race reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on Race’s website.
You must notify Race in writing within 7 days after receiving your credit card statement if you dispute any Race charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:
1325 Howard Ave. #604
Burlingame, CA 94010
Race accepts payments by check and by credit card as set forth in Section 4. Your initial use of the Service authorizes Race to charge the credit card account number on file with Race, including any changed information given Race if the card expires or is replaced, or if you substitute a different card, for Race charges as set forth in Section 4. This authorization will remain valid until 30 days after Race receives your written notice terminating Race's authority to charge your credit card, whereupon Race will charge you the disconnect fee and any other outstanding charges and terminate the Service. Race may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Race is declined or reversed, your credit card expires and you have not provided Race with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you FULLY LIABLE to Race for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by Race in collecting such amounts, such as (but not limited to) collection costs and attorney's fees.
Race reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Race discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Race or of a third party provider to which Race is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus the disconnect fee set forth in Section 4.5, all of which immediately become due and payable.
You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide Race with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date Race receives such certificate.
Customer will be charged a disconnect fee of $150.00 per voice line upon early termination of Service for any reason or for convenience by Customer. The disconnect fee becomes due and payable immediately upon termination and will be billed directly to Customer's account.
Race offers a 30-day Money Back Guarantee, applicable only to User’s first account, not to additional or secondary lines. Under terms of this Money Back Guarantee, Race refunds the activation fee, first month of service, waives the disconnect fee, provided the terms described below are satisfied. Federal excise taxes and any other applicable taxes cannot be refunded. Race reserves the right to terminate or revoke this Money Back Guarantee at any time, without prior notice. In order to be entitled to this Money Back Guarantee, User (i) must cancel service within the number of days in the Warranty Period after the account activation; (ii) must return all Devices within 14 days after cancellation pursuant to Sections and 4.6; and (iii) must not have exceeded 250 minutes of usage. User remains responsible for any charges for domestic usage in excess of the amount included within the Plan to which User subscribes, international usage (including the charges described in Section 4.9), payphone calls to Race toll free numbers and directory assistance. THIS MONEY BACK GUARANTEE DOES NOT APPLY TO ACCOUNTS EXCEEDING 250 MINUTES OF USAGE AND SUCH ACCOUNTS ARE NOT ELIGIBLE FOR REFUND OF ANY OF THE CHARGES DESCRIBED HEREIN.
If you make use of Race’s Toll Free Plus feature any toll free feature that may be offered by Race in the future, you acknowledge and agree that Race is entitled to recover from you any charges imposed on Race by payphone owners or operators, either directly or indirectly through Race’s suppliers in connection with toll free calls made to your number, or any charges imposed on Race by its suppliers to recover such costs. Race may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as Race deems appropriate for the recovery of these costs.
Race will charge according to the submitted tariff for each call made to Race directory assistance.
Race shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
Race's aggregate liability for (i) any failure or mistake; (ii) any claim with respect to Race's performance or nonperformance hereunder or (iii) any Race act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.
IN NO EVENT SHALL RACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT Race WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
Customer agrees to defend, indemnify, and hold harmless Race, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 911dialing, or the Device. This paragraph shall survive termination of this Agreement.
RACE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, RACE DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER RACE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO RACE’S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF RACE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY RACE OR RACE'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Race reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if Race determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Race's ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. Race's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold Race against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
Any dispute or claim between Customer and Race arising out of or relating to the Service provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration. The arbitration shall take place in San Francisco, California and shall be conducted in English. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
The Agreement and the relationship between you and Race shall be governed by the laws of the State of California without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 6, you and Race agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California and waive any objection as to venue or inconvenient forum. The failure of Race to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement and the rates for Services found on Race's website constitute the entire agreement between you and Race and govern your use of the Service, superseding any prior agreements between you and Race and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Race unless and until posted in accordance with Section 3 hereof.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
The following are terms of a legal agreement between you and Race. By accessing, browsing and/or using this Web site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Race from its offices within the United States. Race makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of California.
The copyright in all material provided on this Site is held by Race or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Race or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for residential, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Race's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Race BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Race OR A Race AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This agreement (the "Agreement") is made by and between Race Technologies, Inc. ("Race") and its customers ("Customer(s)") regarding services provided by Race. For the monetary consideration exchanged between the parties, the mutual promises contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Race and the Customer agree that Race will provide one or more of the following services to Customer: (1) Rental of one or more internet servers; (2) Lease space for customer's server or servers; (3) Bandwidth; and (4) Website posting and/or other related services.
In addition, Race's Customers, any person or entity using the services, directly or indirectly, provided by Race, agree to the terms, conditions and notices contained in this Agreement. Customers agree to notify and secure the agreement from its own customers and users to the terms of this Agreement. If any such Customer, person or entity does not agree to these terms, they are hereby prohibited from using the services, directly or indirectly. The parties and any users agree that Race has the right, at its discretion, to update or revise the terms of this Agreement without notice in the future. The parties and users agree to check the terms of this Agreement periodically for changes. It is hereby agreed that continued use of these services constitutes acceptance of any such changes.
The Customer understands that Race is not responsible for any conduct, content, goods and services that are or may be available through the internet using Race's services. The Customer agrees that Race is not responsible for the accuracy or quality of any information obtained through the internet.
The Customer and/or its users agree to comply with all applicable laws, rules, and regulations in connection with Customer's use of the service provided by Race. The Customer agrees not to upload, transmit, or post copyrighted material, including trademarks or otherwise protected material, to the internet without express authorization or a purchased license of the owner(s) or the person(s) owning the copyrighted material. It is agreed that some of the services provided by Race make Race a "service provider" as defined in the Digital Millennium Copyright Act, and therefore Race has no responsibility for the content of Customer's websites. If Race receives a copyright complaint, Race may, at its sole discretion, require a copy of any and all legal documentation showing rightful ownership, or license distribution for any item displayed on Customer's website so as to resolve the complaint or claim. If Customer is unable to provide such information to Race, within a reasonable time, then Customer must remove the questionable material, or face having the applicable pages deleted by Race.
Customer agrees to keep its site free of any illegal content including, but not limited to, threats of physical harm to persons or property, programs containing viruses, pirated software, child pornography, and violations of international export control laws. Customer is solely responsible for every aspect of its on-line business and/or sites. Without limitation, Customer is solely responsible for the security of any of its own customers' information, including credit card numbers. Customer hereby authorizes Race to delete any of Customer's data which Race reasonably believes violates any law or violates this Agreement.
Customer agrees to fully comply with the United States FTC Act and any related rules, regulations and advisory opinions issued by the FTC. Customer agrees to avoid unfair or deceptive advertising and, in particular with the FTC Act, Customer agrees to be in compliance with the FTC Act with regard to any representations and disclosures.
Customer agrees that Race has not provided any legal advice in the past or by way of this Agreement and represents to Race that it will seek legal counsel from any attorney of its own selection to advise it on all legal issues related to this Agreement.
Customer agrees that it is its responsibility to and it will comply with all laws, rules and regulations that apply to Customer's business, not just the FTC rules discussed herein. Customer agrees that it will review the FTC website and will consult with its own attorney regarding any questions related to the FTC rules or other laws, rules and regulations. As an example of the FTC rules, Customer agrees that any and all use of the word "free" must comply with said rules and regulations as embodied in the FTC Guide concerning use of the word "free" and similar representations, a copy of which may be found at http://www.ftc.gov/bcp/guides/free.htm.
Customer agrees not to use any of Race's services, directly or indirectly, to solicit the performance of any activity that is prohibited by law or for the illegal distribution of Unsolicited Commercial Bulk E-Mail ("UCBE"), commonly known as "SPAM," nor will Customer forge or use without authorization, any mail header information. Customer agrees and understands that several states and the federal government have proposed and/or passed legislation into law to control UCBE.
Race reserves the right to reject postings from newsgroups where it has actual knowledge that the content of the newsgroup violates this Agreement. Customer agrees to abide by established Usenet conventions (more commonly known as "Netiquette") and Customer is advised to check the rules and prohibitions for each Usenet site. Customer is prohibited from forging Usenet header information, posting chain letters, inappropriate messages or posting encoded binary to Usenet newsgroups not specifically named for that purpose.
In the case of adult oriented sites, Customer agrees to present a disclaimer and a means of an exit to visitors before granting access to any area deemed as adult in nature, sexually explicit or unsuitable materials for minors. Race may, at any time, at its sole discretion, require the Customer to provide legal documentation fulfilling the requirements of the federal law, 18 U.S.C. Section 22.57 for their review. Any Customer found to be in noncompliance with 18 U.S.C. Section 22.57 or any other applicable law may have their account suspended or revoked, and their inappropriate documents or photographs deleted, at the sole discretion of Race.
Any violation of system or network security is prohibited and may result in criminal and civil liability. Unauthorized access of the servers is strictly prohibited. Customer agrees to not engage in such activity or to attempt to breach the servers for the purpose of altering or manipulating the hardware or software, compromising the servers, or for any unauthorized use commonly known as "hacking." In addition, Customer is prohibited from the following: (1) Any unauthorized access to or use of data, systems or networks; (2) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; (3) Without authorization, interference with service to any user, host or network; (4) Introducing a malicious program into the network or server (i.e., viruses and worms); (5) Unauthorized use of, or forging, any header or any part of the header information in an e-mail or newsgroup posting; (6) Circumventing user authentication or security of any host, network or account. (7) Attempting to cancel, supercede or otherwise interfere with Usenet or e-mail posts other than one's own; and (8) Using an account at another provider to promote your site with Race in an abusive manner.
Customer is prohibited from utilizing Race's service for the purpose of compromising the security or tampering with system resources or accounts on computers at Race's or any other site. In the event Customer is involved in systems security, Race reserves the right to release information about Customer to system administrators at other sites in order to assist in resolving security incidents and Race shall cooperate with any law enforcement agency investigating a criminal violation of a system or network security. This paragraph is controlled by the "Liability of Customer" paragraph set out below.
Customer agrees that the liability of Race shall be limited to damages not to exceed the amount Race charges Customer for any period in which Race fails to provide the agreed upon services, if any, only if Race's failure to provide the services are Race's fault and a violation of this Agreement.
By using or otherwise benefitting from the services provided by Race, to the extent allowed by law, Customer and/or its users hereby waive their rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. After consultation with an attorney of my own selection, I voluntarily consent to this waiver.
In addition, all services provided by Race are provided "AS IS" for your use. The services are provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Use of these services is solely at the user's risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Under no circumstances shall Race, its subsidiaries, licensors, employees, officers, directors, or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that may result from the use of or inability to use, the services of Race as contemplated by this Agreement. The limitation of liability described herein applies whether the alleged liability is based on contract, tort, or any other basis, even if Race has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion of such limitation of incidental or consequential damages, Race's liability in such jurisdictions shall be limited to the extent permitted by law.
By using the services of Race, Customer agrees to defend, indemnify, and hold Race and its subsidiaries, affiliated companies, and all of their employees, contractors, officers, directors, agents, and assigns, harmless from any and all claims, demands, damages, costs, expenses, loss of services, actions and causes of action, arising from or in way related to the services provided by Race or the terms of this Agreement.
Customer and its users agree that any dispute with Race shall be resolved by binding arbitration as provided by Title 7 of the California Civil Practice and Remedies Code. This Agreement and any proceeding necessary for arbitration shall be governed by and construed in accordance with the laws of the State of California. By using the services of Race, Customer and other users agree that exclusive jurisdiction for any claim, arbitration matter, or action arising out of or relating to the services under this Agreement or this Agreement itself, shall be filed only in state court in San Mateo County, California, and Customer and/or users by using the services of Race agree and submit to the exercise of residential jurisdiction of such courts for the purpose of litigating any such claim, matter, or action. The parties agree that they are waiving any right they have to a trial by jury.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between Customer and Race with respect to the services provided by Race and supercedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between Customer and Race with respect to the services provided by Race. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in force and effect. However, Race and Customer may enter into a separate agreement regarding Race's rates and charges and the services provided by Race to the Customer.
In the event that Customer has not complied with any part of this Agreement or fails to pay the monthly charges agreed to, Race reserves the right to alter access to the service, or terminate the service, without notice to, or authority from Customer, and the Customer forfeits any prepaid amounts to Race.
Customer agrees that Race shall have no liability for Customer's information, files, documents, Customer lists and/or information, or other property. Customer also agrees that all risk of loss shall remain with Customer and that Customer will carry sufficient insurance to protect its interests in its software, information, and any hardware.
Customer is responsible to regularly back-up its information, purchase, install and maintain any anti-virus software necessary, and to purchase and install programs to minimize the risk of hacking from third parties. Customer understands that any system is at risk of "hacking," viruses and worms, or "acts of God." Customer assumes all responsibility for such risks.
Race may at any time revise the Acceptable Use Policy without notice by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Acceptable Use Policy to which you are bound.
Information sent to Race is regarded as private and is kept in the strictest confidence. We fully respect the right to privacy, both for individuals and organizations.
We declare that no information volunteered to us will be divulged to ANY third party, and that all information will be used solely for our own customer service purposes. As a customer of ours, you will find that we are secure, reliable, and discreet. We do not distribute our customer's email addresses to anyone. You will never receive spam, junk email or any other unsolicited advertising from anyone who was given your email address from us.
All customer information is considered private, and we do not sell, share or otherwise distribute our customer profiles to anyone. We do use our profiles to help provide better services to our customers which may occasionally involve sending you email regarding new service offerings or changes to our existing offerings.
Please note that Race is a legal corporation and it is our duty to cooperate with law enforcement officials when compelled to do so through a court order or other legal means. Persons engaged in objectionable or illegal activity that involves us in any way are not subject to this policy.
© 1996-2015 Race. All Rights Reserved. The entire content of this site, including but not limited to text, design, graphics, interfaces, code, and the selection and arrangement thereof, is protected as the copyrights, trade dress, trademarks and other intellectual property rights owned by Race.
The Race name and logo and other designated names, marks, and phrases are trademarks or registered trademarks of Race. Trademarks of other companies that appear on this site are used for nominative purposes only and do not imply any affiliation or endorsement.
Notice and Procedure for Making Claims of Copyright Infringement
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING RACE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. NO OTHER INQUIRIES WILL RECEIVE A RESPONSE THROUGH THIS PROCESS.
To be effective, written notification must be submitted and must also include each of the following:
Send notification to:
Attn: Legal Department
1325 Howard Ave. #604
Burlingame, CA 94010
The Federal Communications Commission issued rules to preserve the Internet as an open platform. These rules went into effect on November 20, 2011 and can be found at this link.
All Internet service providers are required to post information regarding various issues so that consumers, both residential and business, can make informed choices about choosing an Internet service provider.
The FCC’s rules focus on three primary issues:
ISPs must disclose their network practices, specifically in the four general areas listed below. ISPs may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. An ISP may not block consumers from accessing lawful Web sites, subject to reasonable network management; nor shall the ISP block applications that compete with the provider’s voice or video telephony services, subject to reasonable network management.
ISPs may not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, although, reasonable network management shall not constitute unreasonable discrimination. The FCC’s rules state that a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.
Congestion Management: Race Communications does not engage in congestion management, nor limit usage.
Application-Specific Behavior: None.
Device Attachment Rules: None.
Security: Race Communications engages in network monitoring to detect potential intrusion and denial of service attack. Additionally, end-users whose systems are compromised and which are sourcing malicious traffic may be contacted or suspended until the system is secured. Additionally, we may block traffic to or from customers when a denial of service attack is in progress, and which is impacting shared network elements.
ISPs must disclose the following network performance characteristics:
Service Description: Race Communications provides broadband internet access via ADSL, unlicensed wireless, T1, T3, Metro Ethernet and Fiber. Actual speeds vary by location and product selected. See our website for details. All services are suitable for real-time applications. Typically latency is typically less than 50ms.
Impact of Specialized Services: No specialized services which affect last-mile capacity are currently offered.
ISPs must disclose the commercial terms of its broadband Internet access service including those listed below.
Pricing: Please refer to product information at http://www.race.com/services/
Privacy Policies: Customer browsing information is not stored. Network traffic management practices are limited to protocol flow analysis (header information only.) Traffic information is not provided to third parties, nor used by the ISP.
Redress Options: Race Communications is responsive to all complaints.
If a customer believes that these open Internet rules are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its website at the following address: http://esupport.fcc.gov/complaints.htm. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.