2:18-cv-02573-DCN Date Filed 02/08/19 Entry Number 17 Page 5 of 11 by applicable law, the Defendant shall not be liable for any indirect, incidental, special, consequential, or punitive damages or other intangible losses resulting from a user’s access to or use of or inability to access or use the Defendant’s services. These liability limitations specifically apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise. See https://twitter.com/en/tos [effective May 25, 2018]. The Defendant’s hate speech policy is contained in its “Twitter Rules”, which are part of the Twitter User Agreement which includes the Defendant’s Terms of Service. The Twitter Rules specifically provide that all individuals accessing or using the Defendant’s services must adhere to the policies set forth in the Twitter Rules, and that failure to do so may result in various enforcement actions, including the suspension of the user’s account. The Twitter Rules provide that “[i]n order to ensure that people feel safe expressing diverse opinions and beliefs, we prohibit behavior that crosses the line into abuse, including behavior that harasses, intimidates, or uses fear to silence another user’s voice”. Such abusive behavior is defined as including, but not limited to, abusive behavior that is targeted at an individual or group of people, including targeted harassment or expressing hate towards a person, group, or protected activity based on race, ethnicity, national origin, or religious affiliation (among others). See https://help.twitter.com/en/rules-and- policies/twitter-rules [Twitter Rules]. First, the undersigned agrees with the Defendant’s contention that it is immune from Plaintiff’s claims to the extent Plaintiff seeks to impose liability on the Defendant for declining to publish content created by the Plaintiff, as such claims are barred by Section 230(c) of the CDA. Specifically, Section 230(c)(2)(A) sets forth that no provider of an interactive computer service (such 5