15. Hosting
Where a service provider offers a service which consists of the storage
of information the service provider is not liable for damages or for any
other pecuniary remedy or for any criminal sanction as a result of that
storage where—
(a) the service provider—
(i)
does not have actual knowledge of unlawful activity or
information and, where a claim for damages is made, is
not aware of facts or circumstances from which it would
have been apparent to the service provider that the
activity or information was unlawful; or
(ii) upon obtaining that knowledge or awareness, acts
expeditiously to remove or to disable access to the
information; and
(b) the recipient of the service was not acting under the authority
or the control of the service provider.
16. Knowledge of service provider
In determining whether a service provider has actual knowledge for the
purposes of regulation 15(a)(i), a court shall consider—
(a) whether a service provider received notice through any of the
means specified in regulation 9; and
(b) the extent to which any notice includes—
(i)
the full name and address of the sender of the notice;
(ii) details of the location of the information in question; and
(iii) details of the unlawful nature of the activity or
information in question.
PART IV—GENERAL
17. Protection of rights
(1) These Regulations shall not be construed —
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