64 No. 23708 Act No. 25,2002 GOVERNMENT GAZETTE, 2 AUGUST 2002 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 (b) the service providerhas adopted and implemented the official code of conduct of that representative body. Mere conduit 73. (1) A service provider is not liable for providing access to or for operating facilities for information systems or transmitting, routing or storage of data messages 5via an information system underits control, as long as the service provider(a) does not initiate the transmission; (b) does not select the addressee; (c) performs the functions in an automatic, technical manner without selection of the data; and 10 (d) does not modify the data contained in the transmission. (2) Theacts of transmission,routing andof provision of access referred to in subsection (1) includethe automatic,intermediateandtransientstorage of the information transmitted in so far as this takes place(a) forthesolepurpose of carrying out the transmissioninthe information 15 system; (b) inamannerthatmakesitordinarilyinaccessibletoanyoneotherthan anticipated recipients; and (c) for a period no longer than is reasonably necessary for the transmission. (3) Notwithstanding this section, a competent court may order a service provider to 20 terminate or prevent unlawful activity in terms of any other law. Caching 74. (1) A service providerthat transmitsdata provided by a recipient of the service via an information system under its control isnot liable for the automatic, intermediate and temporary storage of that data, where the purpose of storing such data is to make the 25 onward transmission of the data more efficient to other recipients of the service upon their request, as long as the service provider( a ) does not modify the data; (b) complies with conditions on access to the data; (c) complies with rules regarding the updating of the data, specified in a manner 30 widely recognised and used by industry; (d) does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain information on the use of the data; and (e) removesordisablesaccess to the dataithasstoredupon receivinga take-down notice toreferred in section 77. 35 (2) Notwithstanding this section, a competent court may order a service providerto terminate or prevent unlawfulactivity in terms of any other law. Hosting 75. (1) A service providerthat provides a servicethat consists of the storage of data provided by a recipient of the service, is not liable for damages arising from data stored40 at the request of the recipient of the service, as long as the serviceprovider(a) does not have actual knowledge that the data message oran activity relating to the data message is infringing the rights of a third party; or (b) is not awareof facts or circumstances from which the infringing activity or the infringing nature of the message data apparent; is and 45 (c) uponreceipt of atake-downnotificationreferredtoinsection 77, acts expeditiously to removeor to disable access to the data. (2) The limitations on liability established by this section do not apply to a service provider unless it has designated an agent to receive notifications of infringement and has provided through its services, including on its web sites inlocations accessible to the 50 public, the name, address, phone number and e-mail address of the agent. (3) Notwithstanding this section, a competent court may order a serviceprovider to terminate or prevent unlawful activity in terms of any other law.