LAWS OF BRUNEI Electronic Transactions 2008 Ed. CAP. 196 15 (b) the infringement of any rights subsisting in or in relation to such material. (2) Nothing in this section shall affect — (a) any obligation founded on contract; (b) the obligation of a network service provider as such under a licensing or other regulatory regime established under any written law; or (c) any obligation imposed under any written law or by a court to remove, block or deny access to any material. (3) For the purposes of this section — “providing access”, in relation to third-party material, means the provision of the necessary technical means by which third-party material may be accessed and includes the automatic and temporary storage of the third-party material for the purpose of providing access; “third-party”, in relation to a network service provider, means a person over whom the provider has no effective control. PART IV ELECTRONIC CONTRACTS Formation and validity. 11. (1) For the avoidance of doubt, it is hereby declared that in the context of the formation of contracts, unless otherwise agreed by the parties, an offer and the acceptance of an offer may be expressed by means of electronic records. (2) Where an electronic record is used in the formation of a contract, that contract shall not be denied validity or enforceability on the sole ground that an electronic record was used for that purpose. B.L.R.O. 4/2008