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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
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