Electronic
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and
Communications
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(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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