Exemptions.

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  • (1) If the conditions of Subsection (2) are met, this part does not apply to:
    • (a) the following, as defined in the Communications Act of 1934, as amended:
      • (i) an interactive computer service;
      • (ii) a telecommunications service, information service, or mobile service, including a commercial mobile service; or
      • (iii) a multichannel video programming distributor;
    • (b) an Internet service provider;
    • (c) a provider of an electronic communications service;
    • (d) a distributor of Internet-based video services;
    • (e) a host company as defined in Section 76-10-1230; or
    • (f) a distributor of electronic or computerized game software that users manipulate through interactive devices.
  • (2) This part does not apply to an entity described in Subsection (1) if:
    • (a) the distribution of pornographic material by the entity occurs only incidentally through the entity's function of:
      • (i) transmitting or routing data from one person to another person;
      • (ii) providing a connection between one person and another person; or
      • (iii) providing data storage space or data caching to a person;
    • (b) the entity does not intentionally aid or abet in the distribution of the pornographic material; and
    • (c) the entity does not knowingly receive from or through a person who distributes the pornographic material a fee greater than the fee generally charged by the entity, as a specific condition for permitting the person to distribute the pornographic material.




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