which third-party material may be accessed; and (b) includes the automatic and temporary storage of the third-party material for the purpose of providing access; "third-party", in relation to a network service provider, means a person over whom the provider has no effective control PART IV - ELECTRONIC CONTRACTS 10. Validity of contracts No contract shall be denied legal effect, validity or enforceability solely on the ground that an electronic record was used in its formation. 11. Declarations of intent No declaration of intent or other similar statement between the originator and the addressee of an electronic record shall be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic record. 12. Attribution of electronic record and signature (1) An electronic record or electronic signature shall be attributable to a person where it was the act of that person. (2) The act of a person referred to in subsection (1) may be shown in the manner set out in this section which includes the proper application of any security procedure to determine the person to whom the electronic record or electronic signature is attributable. (3) An electronic record shall be deemed to be that of the originator where it was sent – (4) (a) by a person who had the authority to act on behalf of the originator in respect of that electronic record; or (b) by an information processing system programmed by or on behalf of the originator to, operate automatically. Subject to subsection (5), an addressee is entitled to regard an electronic record as being that of the originator and to act on t at assumption where – (a) in order to ascertain whether the electronic record was that of the originator, the addressee properly applied a procedure previously agreed to by the originator for that purpose; or (b) the data message as received by the addressee resulted from the actions of a person whose relationship with the originator or with any agent of the originator enabled that person to gain access to a method used by the originator to identify an electronic record as its own.