public authority, expeditiously informs the Authority to enable them to evaluate the nature of the information and if necessary issue an order to remove the content. (2) Paragraph 1 shall not apply when the user of the service is acting under the authority or the control of the hosting provider. (3) Where the hosting provider removes the content after receiving an order pursuant to sub-section (1) no liability shall arise from contractual obligations with its customer to ensure the availability of the service. (2) A hosting provider who fails to remove or disable access to the information in terms of section 1 (a) and 1 (b) above commits an offence and shall be liable to a fine not exceeding level eight or imprisonment for a period of two years or both such fine and imprisonment. Caching Provider 40. A caching provider shall not be criminally liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other users of the service upon their request, on condition that: (a) the caching provider does not modify the information; (b) the caching provider complies with conditions of access to the information; (c) the caching provider complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry; (d) the caching provider does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and (e) the caching provider acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or the relevant authority has ordered such removal or disablement. (f) A catching provider who violates any of the conditions stated in paragraphs (a) to ( e) above commits an offence and shall be liable to a fine not exceeding level eight or imprisonment for a period of two years or both such fine and imprisonment. 41. Hyperlinks Provider An Internet service provider who enables the access to information provided by a third person by providing an electronic hyperlink shall not be liable for the information where (a) the Internet service provider expeditiously removes or disables access to the information after receiving an order from any public authority or court to remove the link; or (b) the Internet service provider, upon obtaining knowledge or awareness about specific illegal information stored by other ways than an order from a public authority, expeditiously informs the relevant authority to enable them to evaluate the nature of the information and if necessary