Electronic 264 [ N o . 21 of 2 0 0 9 and Communications Transactions (a) does not modify the data; (b) complies with conditions on access to the data; (c) complies with guidelines regarding the updating of the data, specified in a manner widely recognised and used by the industry; (d) does not interfere with the lawful use of technology, widely recognised and used by the industry, to obtain information on the use of the data; and (e) r e m o v e s or d i s a b l e s a c c e s s to t h e data stored upon receiving a take-down notice referred to in section sixtyone. (2) Notwithstanding this section, a court may order a service provider to terminate or prevent any unlawful activities under this Act or any other law. Hosting 5 9 . (1) A service provider that provides a service consisting of the storage of data provided by a recipient of the service, shall not be liable for damages arising from data stored at the request of the recipient of the service, as long as the service provider— (a) does not have actual knowledge that the data message, or an activity relating to the data message, is infringing the rights of a third party; (b) is not aware of facts or circumstances from which the infringing activity or the infringing nature o f the data message is apparent; and (c) upon receipt of a take-down notification referred to in section sixty-one, acts expeditiously to remove or to disable access to the data. (2) The limitations on liability established by this section do not apply to a service provider unless the service provider has designated an agent to receive notifications of infringement and has provided through the service provider's services, including the websites in locations accessible to the public, the name, address, phone number and e-mail address of the agent. (3) Subsection (1) shall not apply where the recipient of the service is acting under the authority or the control o f the service provider. (4) Notwithstanding this section, a court may order a service provider to terminate or prevent any unlawful activities under this Act or any other law.

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