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An intermediary or service provider is not liable for damages incurred by a person if the service provider refers or links users to a web page containing an infringing electronic record or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hyperlink, where the intermediary or service provider

(a) does not have actual knowledge that the electronic record or an activity relating to the electronic record is infringing the rights of that person or the State;

(b) is not aware of facts or circumstances from which the infringing activity or the infringing nature of the electronic record is apparent or can be reasonably inferred;

(c) does not receive a financial benefit directly attributable to the infringing activity; and

(d) removes or disables access to the reference or link to the electronic record or activity within a reasonable time after being informed that the electronic record or the activity relating to the electronic record, fringes the rights of a person or the State.