(2)
a person who stores computer data for the benefit of other persons.
“user” means a person who uses the service of the service provider regardless of
whether with or without pay.
Clause 4 If the following service provider can prove that the service is provided
in compliance with this Notification in the following manners, such service provider
shall not be subject to the penalty for the offence of cooperating, consenting or
connivance under Section 15 of the Act:
(1)
An intermediary service provider (intermediary), whose service consists of
computer data transmission in the service provider’s communication network or
computer system, the facilitation of computer traffic internet routing for computer data
transmission or the provision of computer, computer equipment or computer network
system for the intermediate transit of computer data communication (transitory
communication – mere conduit), and has the following characteristics, on the condition
that the intermediary service provider has proceeded in accordance with Clause 5:
(a) being a service provider for computer data transmission in its usual
course of services, where the transmission is conducted or controlled by the user or any
third party who is not the service provider;
(b) being a service provider for the computer data transmission or the
facilitation of computer traffic internet network routing for computer data
transmission, or the computer system’s connectivity - allowing access to the computer
data (Hosting); all of which are technically processed automatically in the computer
system (automatic technical process), where the command is instructed by the user or
another person, provided that while the service provider does not specify or select the
information, or content of information for the transmission or information processing;
(c) being a service provider for the computer data transmission, who
does not select the information or content of information for the transmission in the
computer system by itself, and where the service performed is only for processing of
data transmitted through the automatic interactive response system via the computer;
(d) being a service provider for the computer data transmission without
keeping such computer data or content of information as merely an intermediary for
temporary transmission of information, or for temporary storage of transmitted
computer data (transient storage), to the extent necessary for making the information
be transmittable; provided that the service provider does not save a copy of the
computer data or content of information in the service provider’s computer system, or
network in a manner where the public may later access to such information;
2