The electronic commerce service provider shall not be liable for the transmission of information of the electronic commerce service provided or requested by a user of the service or for the provision of access to a telecommunications network or telecommunications service, in the following cases: 1. the service provider does not initiate the transmission; 2. the service provider does not select the receiver of the transmission; 3. the service provider does not select or modify the information contained in the transmission. The transmission and provision of access mentioned in the preceding paragraph shall include the automatic, intermediate and transient storage of the information transmitted for the sole purpose of carrying out the transmission in the telecommunications network and provided that the information is not stored for any period longer than is reasonably necessary for the transmission. Article 46 A service provider shall not be liable for the automatic, intermediate and transient storage of the electronic commerce service information provided by the user of the service, which is transmitted by means of a telecommunications network or service, in the following cases: 1. where such storage was made for the purpose of making more efficient transmission of the information to other users of the service upon their request; and 2. the service provider complies with the following: 1. does not make any modification to the information; 2. the conditions on access to the information; 3. the applicable rules regarding the updating of the information, recognized and used by similar service providers; 4. does not interfere with the lawful use of technology recognised and used by similar service providers, to obtain data on the use of the information; 5. acts without delay to remove or to disable access to the information stored when it actually knows that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled or that a court or a competent governmental entity has ordered such removal or disablement; 3. or the end user has selected a caching option in using the electronic commerce service that materially alters the cache configuration established by the service provider. Article 47 The service provider that provides hosting services shall not be liable as a result of those services in the following cases: 1. Where the service provider does not have actual knowledge of unlawful activity or information associated with particular hosting services or is not aware of facts or circumstances which make it apparent that such activity or information was unlawful; 2. Where the service provider acts without delay to remove or to disable access to the affected services or information when the service provider knows of the unlawful activity or information associated with particular hosting services. 3. the service provider the user of the hosting service was not acting under the authority of the service provider or approval thereof. Article 48 The preceding Articles 45, 46 and 47 shall not affect the legal obligations arising out of any contract. Article 49 In applying the preceding provisions of paragraph 2(e) of Article 46 and paragraph 1 of Article 47, the actual knowledge of the electronic commerce service provider or the hosting service provider, as the case may be, shall be determined through all the relevant matters and circumstances including whether the service provider has received any notice identifying the following: