72 Further duties about terms of service

72  Further duties about terms of service

All services

(1)     A provider of a regulated user-to-user service must include clear and accessible provisions in the terms of service informing users about their right to bring a claim for breach of contract if—

(a)     regulated user-generated content which they generate, upload or share is taken down, or access to it is restricted, in breach of the terms of service, or

(b)     they are suspended or banned from using the service in breach of the terms of service.

Category 1 services

(2)     The duties set out in subsections (3) to (7) apply in relation to a Category 1 service, and references in subsections (3) to (9) to “provider” and “service” are to be read accordingly.

(3)     A provider must operate a service using proportionate systems and processes designed to ensure that—

(a)     if the terms of service indicate (in whatever words) that the presence of a particular kind of regulated user-generated content is prohibited on the service, the provider

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