Section 79(3) in The Information Technology Act, 2000
(3)The provisions of sub-section (1) shall not apply if-(a)the intermediary has conspired or abetted or aided or induced, whether by threats or promise or othorise in the commission of the unlawful act;(b)upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource, controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.Explanation. -For the purpose of this section, the expression "third party information" means any information dealt with by an intermediary in his capacity as an intermediary.
