Acceptable Use Policy

At 113.fm Radio Network, we are committed to delivering services in a manner that maintains your trust and confidence, and that reflects our core value of acting with integrity. In return, we require that you use the Services responsibly. This means that you will use the Services only for purposes that are legal and proper, in accordance with this Acceptable Use Policy (this “Policy”) and the Terms of Service (the “Terms”). In particular, you will use the Services only for your internal business purposes and not for any other purpose. Capitalized words that are used but not defined in this Policy have the definitions provided in the Terms.

If you cannot comply with this Policy, you may not use the Services.

1. Prohibited Uses. By using the Services, you agree that you will not misuse the Services or assist any other person to do so. You may not do or attempt to do any of the following in connection with the Services. This list of prohibitions provides examples of prohibited conduct, and is not intended to be a complete or exclusive list of all prohibitions: 1.1. Engage in any activity that could damage, disable, overburden, impair, interfere with or disrupt the Services, host, system or network connected to the Services, including, without limitation, overloading, flooding, spamming or mailbombing any part of the Services, or by using any type of stream ripper code or software, spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Services, computer software or hardware, or telecommunication equipment; 1.2. Probe, scan or test the vulnerability of any system or network connected to the Services; 1.3. Attempt to bypass or break any security mechanism on any of the Services or use the Services in any other manner that poses a security or service risk to 113.fm Radio Network or to any customer or user of our Services; 1.4. Harvest or otherwise collect information or data about others without their consent; 1.5. Intercept or monitor, damage or modify any communication which is not intended for you; 1.6. Gain unauthorized access to any part of the Services, any other User Account, computer systems or networks connected to the Services, through password mining or any other means; 1.7. Copy, modify, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code from the Services in whole or in part; 1.8. Reproduce, sell, or distribute the Services to third parties for any purpose other than the internal business purposes of the Customer that purchased such Services, unless specifically authorized as a reseller or distributor by 113.fm Radio Network under a separate written agreement; 1.9. Modify, adapt, or create derivative works based on the Services; 1.10. Re-license, sublicense or offer or use the Services on a timeshare or service bureau basis, or on behalf of a third party, or use the Services for the development, production or marketing of a service or product substantially similar to the Services; 1.11. Send any unsolicited communication(s) or spam not permitted by applicable law or otherwise contact individuals by using the Services without their express permission or authority to do so; 1.12. Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing"; 1.13. Circumvent any limits imposed on the Service or inherent in the applicable subscription plan or feature purchase, including a number of User Account, Record Content storage Limits, Live Stream hours, etc. 1.14. Transmit materials that, in 113.fm Radio Network’s sole discretion, are unlawfully pornographic or indecent, or that contain criminal or violent acts, this includes displays of nudity, sexually explicit material, violence, or other criminal activity; 1.15. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 1.16. Facilitate, promote or enable any criminal or illegal activity including human trafficking or activity that supports or facilitates terrorism or terrorist organizations; 1.17. Violate the law in any way, including storing, publishing or sharing material or information that is fraudulent, defamatory, libelous or misleading, or is otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or that encourages violence or hate against individuals or groups; or 1.18. Infringe, misappropriate or violate the rights of third parties including, without limitation, intellectual property, publicity or privacy rights, or broadcast content belonging to third parties without obtaining prior consent. 2. Use Outside of the United States. The Services, any related Software, and the transmission of applicable data, if any, is subject to United States export controls. When using the Services, you agree to comply with import, export and economic sanction laws and regulations that prohibit or restrict the export, re-export, or transfer of products, technology, services or data, directly or indirectly, to or for certain countries, end uses or end-users. In addition, Customers and Authorized Users accessing the Services outside of the United States must comply with local laws, rules, and regulations regarding online conduct and acceptable Customer Content. The Services are expressly prohibited from the following uses: 3.1. By any end-user located in Cuba, Iran, North Korea, Sudan or Syria, or associated with any of these countries; 3.2. By any end-user identified as a Specially Designated National by the Office of Foreign Assets Control maintained by the U.S. Department of the Treasury, or on the Denied Persons, Entity, or Unverified Lists of the Bureau of Industry and Security maintained by the U.S. Department of Commerce; and 3.3. In connection with nuclear activities, the development of biological or chemical weapons, or to support terrorist activities.

4. No Emergency or Life-Safety Services. The Services are not intended to support or transmit emergency calls to a hospital, law enforcement agency, medical care provider, fire department, or any other kind of emergency response service. In addition, the Services are not intended for use in aircraft or watercraft navigation systems, air or water traffic control systems, medical devices or other equipment in which the failure of the Services could lead to death, personal injury, or severe physical or environmental damage. Alternative communication arrangements, such as a traditional landline or wireless telephone service, are necessary to communicate with and access emergency or life-safety services and systems. 113.fm Radio Network has no liability or responsibility in connection with any attempted use of the Services for these purposes.

5. Violations. 113.fm Radio Network reserves the right to investigate anyone who, in our sole discretion, is suspected of violating this Policy. 113.fm Radio Network or its assigns may take any action it deems appropriate, including but not limited to contacting law enforcement authorities, blocking or removing Customer Content believed to be in violation of this Policy, temporarily or permanently disabling a user's access to the Service, and terminating or suspending a user and blocking their access to the Service. In addition, 113.fm Radio Network reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to or use of the Services, including, but not limited to, implementing technological barriers, IP mapping, and direct contact with an unauthorized user’s internet service provider. 113.fm Radio Network’s failure to enforce this Policy in each and every instance in which it might have application does not amount to a waiver of 113.fm Radio Network's rights hereunder.

6. Changes to Policy. 113.fm Radio Network reserves the right to change this Policy from time to time without notice by posting changes to our "www.113.fm" website. When we do, we will also revise the “last updated” date of the Policy.

7. Contacting Us. Please feel free to contact us if you have any questions or would like to report a violation of 113.fm Radio Network's "Acceptable Use Policy". You may contact us at contactus@113.fm or at our mailing address: 113.fm Radio Network LLC., 845 15th Street, San Diego, California 92101

Last updated April 5, 2020