Electronic Transactions 2010 No. C 2633 1 recipient of the service, as long as the service provider — 2 (a) does not have information that the record or activity relating to the 3 4 record is infringing the rights of a third party; (b) is not aware of facts or circumstances from which the infringing activity 5 or the infringing nature of the information is apparent; and 6 (c) upon receipt of a take-down notification referred to under section 38, 7 acts expeditiously to remove or to disable access to the information. 8 9 to a service provider unless it has designated an agent to receive notifications 10 of infringement and has provided through its services, including on its web 11 sites in locations accessible to the public, the name, address, phone number 12 and e-mail address of the agent. 13 14 acting under the authority or the control of the service provider. 15 40. A service provider or vendor is not liable for damages incurred by a 16 person if the service provider refers or links users to a web page containing 17 an infringing electronic record or infringing activity, by using information 18 location tools, including a directory, index, reference, pointer, or hyperlink, 19 where the intermediary or service provider — 20 (a) does not have information that the record or an activity relating to the 21 22 23 24 25 (2) The limitations on liability established by this section do not apply (3) Subsection (1) does not apply when the recipient of the service is electronic record 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 electronic record is apparent; (c) does not receive a financial benefit directly attributable to the infringing activity; and 26 (d) removes, or disables access to, the reference or link to the electronic 27 record or activity within a reasonable time after being informed that the 28 electronic record or the activity relating to such electronic record, infringes 29 the rights of a person. 30 41.—(1) For the purposes of this Part, a notification of an offending 31 activity shall be in writing and addressed by the complainant to the service