Electronic Communications and Transactions [ N o . 21 o f 2 0 0 9 60. (1) A service provider shall not be liable for any d a m a g e incurred by a person if the service provider refers or links users to a w e b page containing an infringing data message or infringing activity, by using information location tools, including a directory, 265 Use of information location tools by service provider index, reference, pointer, or hyperlink, and w h e r e t h e service provider— (a) does not have actual knowledge that the data message or an activity relating to the data message is infringing the rights of that person; (b) is not aware of facts or circumstances from which the infringing activity or the infringing nature of the data message is apparent; (c) does not receive a financial benefit directly attributable to the infringing activity; and (d) removes, or disables access to, the reference or link to the data message or activity within a reasonable time after being informed that the data message or the activity relating to that data message, infringes the rights of a person. 6 1 . (1) A r e c i p i e n t o f s e r v i c e m a y , t h r o u g h a t a k e - d o w n notification, notify the service provider of— (a) any data or activity infringing the rights of the recipient or of a third party; (b) any unlawful material or activity; or (c) any other matter conducted or provided contrary to the provisions of this Act. (2) For the purposes of this Part, a take-down notification to a service provider shall be in writing, addressed by the complainant to the service provider or its designated agent, and shall i n c l u d e — (a) the full names and address of the complainant; (b) the written or electronic signature of the complainant; (c) identification of the right that has allegedly been infringed; (d) identification of the material or activity that is claimed to be the subject of unlawful activity; (e) the remedial action required to be taken by the service provider in respect of the complaint; (f) the telephonic and electronic contact details, if any, of the complainant; Take-down notification

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