15. Hosting Where a service provider offers a service which consists of the storage of information the service provider is not liable for damages or for any other pecuniary remedy or for any criminal sanction as a result of that storage where— (a) the service provider— (i) does not have actual knowledge of unlawful activity or information and, where a claim for damages is made, is not aware of facts or circumstances from which it would have been apparent to the service provider that the activity or information was unlawful; or (ii) upon obtaining that knowledge or awareness, acts expeditiously to remove or to disable access to the information; and (b) the recipient of the service was not acting under the authority or the control of the service provider. 16. Knowledge of service provider In determining whether a service provider has actual knowledge for the purposes of regulation 15(a)(i), a court shall consider— (a) whether a service provider received notice through any of the means specified in regulation 9; and (b) the extent to which any notice includes— (i) the full name and address of the sender of the notice; (ii) details of the location of the information in question; and (iii) details of the unlawful nature of the activity or information in question. PART IV—GENERAL 17. Protection of rights (1) These Regulations shall not be construed — 863

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