ding a directory, index, reference,
pointer, or hypertext link, if the service provider-

(1)(A) does not have actual knowledge that the material or activity is
infringing;

(B) in the absence of such actual knowledge, is not aware of facts or
circumstances from which infringing activity is apparent; or

(C) upon obtaining such knowledge or awareness, acts expeditiously to
remove, or disable access to, the material;

(2) does not receive a financial benefit directly attributable to the
infringing activity, in a case in which the service provider has the
right and ability to control such activity; and

(3) upon notification of claimed infringement as described in subsection
(c)(3), responds expeditiously to remove, or disable access to, the
material that is claimed to be infringing or to be the subject of
infringing activity, except that, for purposes of this paragraph, the
information described in subsection (c)(3)(A)(iii) shall be
identification of the reference or link, to material or activity claimed
to be infringing, that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit the service
provider to locate that reference or link.

(e) Limitation on Liability of Nonprofit Educational Institutions. (1)
When a public or other nonprofit institution of higher education is a
service provider, and when a faculty member or graduate student who is
an employee of such institution is performing a teaching or research
function, for the purposes of subsections (a) and (b) such faculty
member or graduate student shall be considered to be a person other than
the institution, and for the purposes of subsections (c) and (d) such
faculty member's or graduate student's knowledge or awareness of his or
her infringing activities shall not be attributed to the institution,
if-

(A) such faculty member's or graduate student's infringing activities do
not involve the provision of online access to instructional materials
that are or were required or recommended, within the preceding 3-year
period, for a course taught at the institution by such faculty member or
graduate student;

(B) the institution has not, within the preceding 3-year period,
received more than 2 notifications described in subsection (c)(3) of
claimed infringement by such faculty member or graduate student, and
such notifications of claimed infringement were not actionable under
subsection (f); and

(C) the inst