(A) An electronic mail service provider must not be charged with or have a penalty assessed based upon a violation of this article or have a cause of action filed against it based on the electronic mail service provider’s:

(1) being an intermediary between the sender and recipient in the transmission of an electronic contact that violates this article; or

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Terms Used In South Carolina Code 16-3-1705

  • Electronic contact: means any transfer of signs, signals, writings, images, sounds, data, intelligence, or information of any nature transmitted in whole or in part by any device, system, or mechanism including, but not limited to, a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system. See South Carolina Code 16-3-1700

(2) providing transmission of an electronic contact over the provider’s computer network or facilities that violates this article.

(B) For purposes of this article, "electronic mail service provider" means a person or entity which:

(1) is an intermediary in sending or receiving electronic mail; and

(2) provides to users of electronic mail services the ability to send or receive electronic mail.