Article 85 Ñ. Service providers who, at the request of a user, store, by themselves or through third parties, data on their network or system, or who perform search services, linking and, or referring to an online site using information search tools , including hyperlinks and directories, will not be held responsible for the data stored or referred to on the condition that the provider:
a) Does not have effective knowledge of the illegal nature of the data;
b) Does not receive an economic benefit directly attributable to the infringing activity, in cases where it has the right and the capacity to control said activity;
c) Publicly designate a representative to receive the judicial notifications referred to in the final paragraph, in the manner determined by the regulations, and
d) Quickly remove or disable access to stored material in accordance with the provisions of the following paragraph.
It will be understood that the service provider has effective knowledge when a competent court of justice, in accordance with the procedure established in article 85 Q, has ordered the withdrawal of the data or the blocking of access to them and the service provider, being notified legally of said resolution, do not comply expeditiously with it.
Article 85 O. In order to enjoy the limitations of liability established in the preceding articles, service providers, in addition, must:
a) Having established general and public conditions, under which it may make use of the power to terminate the contracts of content providers judicially qualified as repeat offenders of the rights protected by this law.
b) Not to interfere in the technological measures for the protection and management of rights of protected works widely recognized and used lawfully.
c) Not having generated or selected the material or its recipients.
The providers of search services, linking or referring to an online site using information search tools are exempted from this obligation.
Article 85 P. The service providers referred to in the preceding articles will not have, for the purposes of this law, the obligation to supervise the data that they transmit, store or reference, nor the obligation to carry out active searches of facts or circumstances that indicate illegal activities.