76-10-1230 - Definitions.
76-10-1230. Definitions.
As used in Sections 76-10-1231 and 76-10-1233:
(1) "Consumer" means a natural person residing in this state who subscribes to a serviceprovided by a service provider for personal or residential use.
(2) "Content provider" means a person domiciled in Utah or that generates or hostscontent in Utah, and that creates, collects, acquires, or organizes electronic data for electronicdelivery to a consumer with the intent of making a profit.
(3) (a) "Hosting company" means a person that provides services or facilities for storingor distributing content over the Internet without editorial or creative alteration of the content.
(b) A hosting company may have policies concerning acceptable use without becoming acontent provider under Subsection (2).
(4) (a) "Internet service provider" means a person engaged in the business of providing acomputer communications facility in Utah, with the intent of making a profit, through which aconsumer may obtain access to the Internet.
(b) "Internet service provider" does not include a common carrier if it provides onlytelecommunications service.
(5) "Properly rated" means content using a labeling system to label material harmful tominors provided by the content provider in a way that:
(a) accurately apprises a consumer of the presence of material harmful to minors; and
(b) allows the consumer the ability to control access to material harmful to minors basedon the material's rating by use of reasonably priced commercially available software, includingsoftware in the public domain.
(6) "Restrict" means to limit access to material harmful to minors by:
(a) properly rating content; or
(b) any other reasonable measures feasible under available technology.
(7) (a) Except as provided in Subsection (7)(b), "service provider" means an Internetservice provider.
(b) "Service provider" does not include a person who does not terminate a service in thisstate, but merely transmits data through:
(i) a wire;
(ii) a cable; or
(iii) an antenna.
(c) "Service provider," notwithstanding Subsection (7)(b), includes a person who meetsthe requirements of Subsection (7)(a) and leases or rents a wire or cable for the transmission ofdata.
Amended by Chapter 297, 2008 General Session