2.
3.
An Accredited Certification Service Provider shall not be deemed liable in
the following circumstance:
(i)
An Accredited
negligence.
Certification
Service
Provider
committed
no
(ii)
Unless the person who relied on the Accredited Certificate knows or
ought reasonably to have known that the certificate has expired or
cancelled or suspended or that the accreditation of the Certification
Service Provider has been revoked.
An Accredited Certification Service Provider that indicates in the
Accredited Certificate limits on the uses of that certificate, including a limit
on the value of transactions for which the certificate can be used, and
makes those limits known to third parties, shall not be liable for damages
arising from the use of the Accredited Certificate contrary to those limits,
unless such damages were the result of an intentional or reckless
misrepresentation made by the Accredited Certification Service Provide.
Article 19
Liability of Network Intermediaries
1.
2.
A network intermediary is not subject to any civil or criminal liability in
respect of any third party information in the form of electronic records to
which the network intermediary merely provides access and if the network
intermediary was not the originator of such information, and if such
liability is founded on:
(i)
the making, publication, dissemination, or distribution of such
information or any statement made in such information;
(ii)
the infringement of any rights subsisting in or in relation to such
information;
The exclusion of liability under the preceding Paragraph is subject to to
the following:
(i)
the network intermediary has no actual knowledge that the
information gives rise to civil or criminal liability;
(ii)
is not aware of any facts or circumstances from which the likelihood
of civil or criminal liability in respect of the information ought
reasonably to have been known;
(iii)
the network intermediary shall as soon as practicable, after
acquiring actual knowledge of the above, removes the information
from any information system within the network intermediary’s
control and ceases to provide or offer to provide access in respect
of that information.
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