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page 29 65.13; and (c) it publicly appoints a representative responsible for receiving the formal notices mentioned in paragraph (b) above. A representative shall be publicly appointed to receive notices on behalf of a service provider if his name, postal address, e-mail address and telephone number are displayed to the public in an accessible fashion on the Internet site of the service provider, as well as in a register accessible to the public by Internet. Article 65.10 The service provider shall not benefit from the limitations on liability stated in Articles 65.12 and 65.14 unless: (a) it makes provision for and implements a cancellation procedure, under appropriate conditions, for the accounts of repeat offenders who have infringed copyright or related rights; and (b) it conforms to and does not interfere with the standard technical measures for protection and identification of the material protected by the copyright or related rights, drawn up following agreement between the holders of the copyright and related rights and the service providers. These measures must be available under reasonable and non-discriminatory conditions and shall not entail substantial costs for the service providers or substantial constraints on their system or network. Article 65.11 The issue of whether the service provider is eligible to benefit from the limitations on liability stated in Articles 65.12 and 65.14 cannot be conditional on the service provider guaranteeing monitoring of its service or the active search for indications of activities infringing copyright or related rights, except within the limits of the technical measures contained in Article 65.10. Article 65.12 (A) Should the service provider be permitted to benefit from the limitations relating to the function mentioned in Article 65.5 (A), the courts shall be able to order either the cancellation of the accounts referred to or the implementation of reasonable measures to block access to an online location located abroad. (B) Should the service provider be permitted to benefit from the limitations relating to the functions mentioned in Article 65.5(B) to (D), the courts shall be able to order the withdrawal of the material infringing copyright or related rights, or the disabling of access to said material, the cancellation of the accounts referred to, and any other measures that the courts might consider necessary, on the condition that the measures selected from a range of similarly effective measures are those which pose the least constraint on the service provider. (C) the measures stated in (A) and (B) above shall be ordered taking due account of the relative constraint imposed upon the service provider and the damage caused to the owner of copyright or related rights, the technical feasibility and effectiveness of the measure, and bearing in mind the availability of similarly effective methods of execution which pose less of a constraint. (D) With the exception of decrees ensuring the preservation of evidence, or those which have no significant negative effect on the exploitation of the service provider’s 29

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