1. It does not have actual knowledge of the infringing activity or knowledge of circumstances from which infringing activity is apparent or, if it becomes aware of such, acts expeditiously to remove it;
2. It does not receive a financial benefit from the infringing activity;
3. Upon notice of the infringing activity, it responds expeditiously to remove or disable the material; and
4. It has an agent designated to receive notifications whose name, address, phone number, and e-mail address are available on its web site and registered with the U.S. Copyright Office (17 U.S.C. §§ 512(a), (b), (c), and (d)).

The registration of an agent’s name with the Copyright Office is a prerequisite to invoking the liability limitation under the Act. That office provides registration directions and a pdf form for registration at http://lcweb.loc.gov/copyright/onlinesp/, and maintains publicly accessible online and printed lists of all designated agents.

A service provider must adopt and implement a policy that provides for the termination of services to persons who are repeat infringers. The draft University of California Electronic Communications Policy includes the University’s policy regarding the termination of online services to "repeat infringers." A service provider must accommodate and not interfere with "standard technical measures," as yet undefined, used to identify and protect copyrighted works (17 U.S.C. § 512(i)).

A service provider is not required to monitor its service or affirmatively seek facts indicating infringing activity, nor is it required to remove or disable access to materials where to do so is otherwise prohibited by law (17 U.S.C. § 512(m)).