TERMS AND CONDITIONS - ACCEPTABLE USE AGREEMENT

USER AGREEMENT / ACCEPTABLE USE POLICY / TERMS AND CONDITIONS OF USE

WICKED FAST LLC (Wicked, WFI) dba WICKED FAST INTERNET

This document may change from time to time. It is the customer's responsibility to view this agreement from time to time to stay current with our policies.

WFI does not have long-term residential contracts. The terms and conditions posted on this page take effect upon posting, or upon the next user payment.

LAST DATE MODIFIED: December 6, 2023 / November 6, 2019 

 

Summary of Limitations - Wicked Fast Internet provides internet services at "best effort" levels. Although the Wicked network is designed for redundancy and is built with the latest wireless technology and best equipment, we have discovered the weakest link in our delivery of internet to our customers is sourced from third-party upstream fiber suppliers to Wicked. 

Since starting operations in 2019, the Wicked network has remained online over 99.991%. A single national fiber outage (across multiple providers), as well as equipment failure at SLC-based fiber data exchanges, combine to represent over 94% of Wicked's service interruption issues - these upstream events are outside of Wicked's control, and these same service events also impacted thousands of companies including Verizon, AT&T, Comcast, CenturyLink, and more. 

Certain extreme weather conditions also impact 5G across all carriers, including very wet springtime snowstorms that coat the antenna in slush, and midsummer flash flood thunderstorms that simply fill the air with so much rain the 5G radio link is impacted. Weather conditions recover fast with normal connection disturbances between 2-15 minutes. 

To minimize outages from fiber cuts, Wicked now has a multi fiber source network across many providers with each fiber delivered to Park City in different conduits and even running in different canyons - this prevents fiber cuts as a source of drops. Our back up fiber even has back up fiber. Nobody is doing redundancy at the level we do. For mission critical connections, our multi fiber feed is unbeatable.

To overcome weather related issues Wicked now provides a new wireless internet delivery product that performs in extreme weather conditions and automatically rolls from the multi gig level to standard speed during extreme conditions. We also hardened our network to deliver back-up service from two or more tower sites. 

To keep our customers updated, we also post network status conditions at the top of our Tech Support page.

All companies will experience outages from time to time. Any person telling you they are 100% are not being honest will you, but with the fiber redundancy and m,ulti tower and multi channel radios, nobody is delivering a higher reliability internet product in Park City than Wicked Fast.  

 

SERVICE AGREEMENT

Schedule A

This Agreement is made on the day noted on the equipment install agreement, by and between Wicked Fast LLC (WFI, Wicked Fast Internet), hereinafter “Service Provider”, and the customer billed at time of install, hereinafter “Customer”. 

WHEREAS, Service Provider provides services including but not limited to; internet connectivity for residential internet, home enterprise internet, business internet, and MDU internet. Business and MDU may have other agreement(s).

NOW, THEREFORE, in consideration of the summary terms and mutual covenants contained herein in addition to the Terms and Conditions of Agreement noted in full at www.wickedfastinternet.com, the parties agree as follows:

  1. Service and Payment: Service Provider will provide best effort services (no SLA) to the specifications in “Schedule A” and Customer will make payments specified in "Schedule A".

  2. Maintenance and Repair and Snow and Tree Obstruction: Upon notice of service interruption, Provider will perform all maintenance and repair on systems used to deliver services specified in “Schedule A” within 24 business hours providing access to customer equipment is available if needed. If access is not available, repair and reconnection on the system may be delayed. Other factors that may delay correction include Safe Access to equipment, (employees are not allowed to climb towers in snow or ice storms, or if lightning is present, etc). Wicked is NOT responsible for clearing obstructions on clients' property including snow in front of or on top of the radio and trees and other obstructions. The client may contact a snow removal or tree cutting company at the client's expense for obstruction resolution. Damage to Wicked owned equipment including Dish on the roof and cable is the Client's responsibility.

  3. Term, Renewal, Early Termination: The term of this Agreement shall commence upon the date noted on the equipment install and continue for a period of month to month for residential connections and 1 year or more as noted for business or MDU agreements. Upon expiration of the initial term or any renewed term of this Agreement, this Agreement shall be automatically renewed for an additional original term unless one of the parties has given the other party notice of termination of this agreement. Residential written notice of termination is 14 days before the next billing cycle, notice less than 14 days will result in 1 additional month of paid service. Business account and MDU written notice of termination is at least 60 days but not more than 90 days prior to the expiration of the current term or noted in a contract. There are no refunds for unused service as part of the billing cycle. Each billing cycle is 1 month and no part of that pre-paid month will be refunded if the client disconnects service before the last billing date. There are no prorated refunds for unused paid service. Service will end the last day of the billing cycle with no refund for unused services.

  4. Use of Services: Customer is using this service for internet services for party and address noted on equipment install agreement. Service is not to be shared outside the walls of the noted property, or resold unless noted on a separate agreement.

  5. Force Majeure: Service Provider’s performances of its obligations hereunder are subject to all applicable laws, ordinances, rules, and regulations of governmental authorities and Service Provider’s Agreement. Service Provider shall not be liable for any delay or failure in any of its obligations under this Agreement caused by acts beyond its control, including but not limited to acts of God or of the public enemy, acts of the government of the United States, or any state or political subdivision of the state, fires, floods, explosions, earthquakes, windstorms, hurricanes, lightning, extreme weather, or other catastrophes, riots, strikes, work stoppages, interference of any kind, equipment failure including third party, inability of Service Provider to obtain equipment or material, or intervening acts of third parties. Service Provider shall have the right to terminate this Agreement upon 60 days’ prior written notice to Customer if Service Provider is unable to perform any of its obligations under this Agreement due to circumstances beyond its control or for any other reason.

  6. Indemnity: The Customer agrees to indemnify and hold harmless the Service Provider against loss or threatened loss due to any service or install related issue. Service is provided under best effort conditions only. There will be times the connection will be interrupted for any reason. Any dispute is agreed to be handled by Arbitration in Summit County, Utah, and is agreed to be limited to total install fees paid and current month billed invoiced.

  7. Termination: This Agreement may be terminated by either party prior to its expiration as provided herein should the other party be in breach of any provision of this Agreement, and such defaulting party fails to cure such breach of default within 30 days of written and email notice of such default by the non-breaching party. This Residential Agreement may also be terminated by either party upon 30 days’ prior written and email notice, to the other if the other party should be the subject of a petition in bankruptcy or for reorganization. Service Provider may also terminate this Agreement upon 30 days written email notice to Customer without refund. Clients found violating Wicked agreement including downloading illegal things or using Wicked as email servers, or tampering with Wicked owned equipment, or other, may be terminated at any time by Wicked upon email notice to Customer with no refund. Residential contracts are month to month and require 14 days' notice prior to the next billing cycle. Unused service will not be refunded. There are no prorated refunds for unused paid service. Service will end the last day of the billing cycle with no refund for unused services.

  8. Notices: Any notice required hereunder shall be effective upon deposit in the U.S. mail, postage prepaid, addressed to the appropriate party, or emailed to the email address as noted on the customer invoice. Wicked can be contacted at:
    Mail: PO BOX 981193 Park City, Utah 84098

  9. EMAIL Wicked Fast Internet CustomerSupport@wickedfastinternet.com 

  10. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, and assignees.

  11. Entire Agreement Modification: This Agreement constitutes the entire agreement between the parties, and no modification hereof shall be valid until updated in writing on this agreement and posted on this website.

  12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.

  13. Severability: If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the Service Provider's intention. All remaining provisions of this Contract shall remain in full force and effect.

 

Services Provided

A. Service Provider shall provide services listed on the signed install form.

  1. Contract service is month to month on residential installs and 1 year or longer for commercial installs.

  2. All services are provided at best effort.

  3. SLA is only available on business installs or MDU and requires a separate SLA agreement.

  4. Services are provided under the terms of use agreement noted at www.wickedfastinternet.com

 

Billing

A. Customer will be auto-billed for the amount noted on the install document, plus all required taxes, by the Service Provider, on the the 1st or 15th of each month (prorated at install to closest day). Accounts with declined or expired credit cards will be suspended if not corrected within 3 days of notice requesting payment.

B. Installation will be billed one time at the rate noted on the install document. The install fee covers labor and roof mount and cable & fasteners. All electronic equipment including radio, is owned by Wicked Fast Internet and is required to be returned to Wicked after services end or the customer will be billed replacement value. (Free promotional offers exempt - router, etc.)

 

USER AGREEMENT / ACCEPTABLE USE POLICY / TERMS AND CONDITIONS OF USE - Required to be posted.

  1. The Wicked Fast Internet User Agreement Acceptable Use Policy may change without notice. All changes will be published on this web page before taking effect.

  2. Only terms on this Terms and Conditions agreement published on this page are valid; no verbal agreements are permitted. This page is for residential and home enterprise users. Business users may have a separate license agreement.

  3. Customer agrees Wicked may disconnect service without notice for any activity known to violate the Wicked User Agreement and Terms and Conditions of Service.

  4. Customer understands and agrees that access to the internet from Wicked is without any content restrictions or filters. The client is responsible for adding controls to restrict or filter content at the client's expense to restrict or limit access to minors.

  5. Use at your own risk. Customer agrees Wicked Fast LLC is not responsible in any way for any service outage or any related or unrelated loss of connection, reduction of speed, loss of data, virus, or any financial loss. Connection is provided at "best effort" levels.

  6. Customer agrees in the event of an extended outage, Wicked Fast LLC's liability is limited to a single "Good Will" reimbursement equal to the duration of the outage or one month of service on a case-by-case basis and only for those impacted at the time of the outage.

  7. Any dispute is agreed to be handled by arbitration filed in Summit County, Utah.

  8. Customer agrees not to abuse the service or network provided by Wicked in any way.

  9. Customer agrees not to resell or make the service provided by Wicked available to others beyond the walls of the residence where the Wicked antenna is installed.

  10. Customer agrees not to use or connect to Bit Torrent.

  11. Computers actively engaged in illegal file-sharing operations may not be connected to the Wicked Fast Internet network.

  12. Customer agrees not to post, view, or download any files or content or videos known to be illegal.

  13. Customer agrees not to engage in online activities that are illegal or violate civil liberties.

  14. Customer agrees not to overload the system with needs outside of average network use - you know who you are.

  15. Customer agrees not to transmit or receive any information or software that contains a virus or harmful intent.

  16. Customer agrees not to violate the copyright of any work across the Wicked network.

  17. Customer agrees not to send unsolicited emails.

  18. Customer agrees not to use the network for any spam or DOS purposes.

  19. Customers are not permitted to access or attempt to access Wicked's internal network.

  20. Customer agrees not to use the Wicked system or network to participate in hacking or hack-like activity.

  21. Customer agrees not to attempt to gain unauthorized access to any third-party system.

  22. Customer agrees not to attempt access to the Wicked internal network. Any intrusion attempt will be immediately reported to the FBI.

  23. Customer agrees not to gain access to any network or computer not owned, controlled, or permitted by the user.

  24. Customer agrees not to cause interruption of any kind to the Wicked network.

  25. Customer agrees not to break any USA laws or help others break USA laws on the Wicked network.

  26. Customer agrees not to engage in web hosting on the Wicked Network unless on a Business Plan that permits hosting. Unauthorized sites will be disconnected by Wicked without notice.

  27. Customer agrees not to connect game servers to the Wicked network. Our system is designed to identify this activity and will auto disconnect or reset connection (cycle) without notice.

  28. Customer agrees not to load the Wicked network with excessive loads to cause any issue(s) for the network or for other WFI users.

  29. Customer agrees that the Wicked network does auto-log certain activity as required by law.

  30. Prices are noted before taxes and upgrades. All local, state, and federal taxes are responsibility of the customer. Missed taxes will be charged upon notice. Any optional upgrades will be added to the plan price. 

  31. Wicked Fast Internet invoices are automatically processed for payment each month on the billing date (1st or 15th) with your credit card(s) on file.

  32. Wicked services are pre-paid on the first date of the billing cycle and before services are provided.

  33. Invoice and payment date are the same each month and noted as the original installation date.

  34. Receipt of the paid invoice is emailed to the client at the email address on file upon successful payment.

  35. Wicked ONLY accepts credit cards for monthly auto payment; checks or cash are not accepted.

  36. Venmo and PayPal are available only for 12 months prepaid services. No refunds are given for unused services on annual pre-pay arrangements.

  37. All credit card payments to Wicked are stored, processed, and handled by a third-party processor.

  38. Declined or canceled cards will have service interrupted if not paid within 3 days of the Wicked invoice due date. Please call 435-287-4444x1 to make payment or follow directions on your browser if the "payment required" page appears.

  39. Cancel month-to-month service at any time with at least 14 days' notice before the next billing cycle.

  40. Invoices are paid in full months only. Cancellation date is agreed as the beginning of the next billing cycle. No prorated or refund or credit given for any unused time.

  41. Install fee is non-refundable after the first 7 days of install. The client can cancel for a full refund within the first 7 days, providing total download bandwidth is under 10 Gig. Downloads above 10 Gig within the first 7 days will be considered as a satisfied customer.

  42. Refunds within the first 7 days are not permitted for temporary service, including special events and weekly timeshare customers or VRBO properties. Free trial only valid once per address.

  43. Wicked will provide the client with equipment, which may include an indoor or outdoor wireless radio, a router, a Wi-Fi extender, and other equipment to use with Home internet service. Equipment is the property of Wicked, and you cannot use this Wicked-supplied equipment for any other purpose, move it to a different location or position, tamper with, or intentionally damage it, or allow anyone else to service it. Wicked will repair and maintain equipment at Wicked's expense unless we determine that you misused, abused, or intentionally damaged the equipment, in which case, you will have to pay the replacement cost of equipment. If any equipment is stolen, please provide us with a copy of your police report, so that you are not charged for it. The client accepts all equipment and known and unknown hazards including RF, electrical shock if mishandled and agrees to hold Wicked Fast LLC harmless for any reason for Wicked-supplied equipment.

  44. Changing Service Location. You may not move the Home service to another address. If you are moving to a new address at which the Home service is available and you wish to continue using it, then please contact Wicked to install equipment at your new address. The customer is not authorized to relocate equipment.

  45. Wicked owns the radio and power supply and antenna. Roof or wall mount and cable and cable clips are owned by the homeowner.

  46. Customer leases Radio and Antenna and Power Supply from Wicked. All equipment owned by Wicked must be returned upon termination of service or the customer will be billed at 100% of replacement value within the first year, and 50% of new value after the first 12 months of service.

  47. Service Cancellation and Equipment Returns. Upon termination of your Home service, you should return the equipment owned by Wicked in an undamaged condition (subject only to reasonable wear and tear) within 21 days after service cancellation, or you may be charged an unreturned equipment fee, which may be substantial. If you don’t cancel your Home service, including receiving an email from Wicked confirming you are canceling, then your service charges will continue to apply. Please mail or deliver all Wicked owned gear to Wicked - 4554 Forestdale #D19 - Park City Utah 84098. If you choose to hire Wicked to reclaim the equipment owned by Wicked, we do charge a  $99 fee for this service. If gear has not been returned within 21 days and if gear is not determined to be abandoned by Wicked, we may reclaim gear and bill customer $99 for this service, charged to credit card on file. 

  48. Wicked uses industry standards for mounting and is not responsible for any issues related to mount, mount hardware, or mounting procedures. All mounting brackets and cables and cable clips that are fastened to customer property are 100% owned by the customer. The customer assumes all responsibility for the mount and understands Wicked will not remove and repair the mount area.

  49. The customer agrees that the antenna mount and cable will not be removed or collected by Wicked, even after service cancellation, termination, or disconnection.

  50. Upon service termination, Wicked reserves the right to reclaim equipment. All End-of-life equipment (determined by Wicked) may be considered abandoned after 90 days of termination.

  51. By accepting Wicked service you agree to host relays and repeaters at the same site that you receive service. Service price to the client is the same for customers who host  relays and for those who do not. Not all homes will qualify to host relays, the benefit to the homeowner is having a double connection to the internet. Service is not available without agreeing to be a WFI relay host.

  52. Wicked does not verify ownership of customer property prior to equipment install; the customer confirms they are the owner of the property or are authorized to act on behalf of the owner of the property to have the Wicked product installed including adding mounts and cable which will require drilling holes and adding fastening hardware.

  53. The customer agrees that a small hole may be needed in the wall to install the PoE cable for the power supply or WiFi inside the home. The customer assumes all responsibility for this hole, including any leaks, and understands that Wicked will not repair, patch, or repaint the area.

  54. Computers specifically designed to distribute viruses or other malicious code are prohibited from connecting to the Wicked Fast Internet network. Any computer on the Wicked network found to be infected with and distributing malicious software, even without the owner's knowledge or consent, may be disconnected from the network at Wicked's discretion. Any cost to identify the infected computer may be charged to the customer.

  55. Any computer on the Wicked network infected with illegal file-sharing software and distributing copyrighted materials, even without the owner's knowledge or consent, may be disconnected from the network at Wicked's discretion.

  56. Residential Service is intended for personal, single-home use, including typical online activities like video streaming, web surfing, email access, security cameras, etc. Residential customers are prohibited from hosting public servers, engaging in torrenting, using non-WiFi static IPv4 IP addresses, or consuming excessive bandwidth beyond typical residential Internet activities. Wicked Fast Internet may disconnect residential customers who use the service for atypical activities at its discretion.

  57. Standard Business and Enterprise Service is designed for commercial use, including general internet activities like streaming, web surfing, and email access. Customers are allowed to host public servers (excluding video or mp3 downloads), use static IPv4 and IPv6 addresses, and consume normal business bandwidth without additional charges. Excessive bandwidth consumption may lead to solutions like a dedicated direct link to the tower or upgrading to higher throughput radios at the client's expense. Connection speeds may fluctuate based on network demand.

  58. Premium Business Service is for commercial use, including general Internet activities. Premium customers can host public servers with video and mp3, use static IPv4 and IPv6 addresses, and consume unlimited bandwidth as per their purchased package. Wicked Fast Internet offers a Direct Internet Access (DIA) service for guaranteed bandwidth. Connection, upload, and download speeds are based on a best-effort basis.

  59. Mail servers designed for spam distribution are prohibited on the Wicked network. Any computer distributing spam, even without the owner's knowledge or consent, may be disconnected from the network at Wicked's discretion.

  60. Wicked provides "average use" services. Connection, upload, and download speeds are based on a best-effort basis. Wicked is not liable for any losses resulting from service use.

  61. Wicked is a wireless internet service that may experience interference. Customers agree to hold Wicked harmless for any losses or inconveniences associated with using the service. Customers experiencing slower speeds should contact Wicked. Liability is limited to the current month's service fee. There are no refunds or adjustments for performance discrepancies. Wicked has no data caps and does not throttle speeds.

  62. On November 1, 2018, Wicked Fast LLC updated its policy from a "guaranteed speed promise" to a "best effort constant speed commitment". This new policy adapts bandwidth to meet specific user patterns and needs, offering flexible upload speeds for gamers and download speeds for homes with multiple devices.

  63. On December 1, 2023, Wicked Fast LLC updated its user agreement clarifying that obstructions including snow removal and tree trimming is sole responsibility of the customer and not wicked.