tes.

(2) Considerations. The court, in considering the relevant criteria for
injunctive relief under applicable law, shall consider-

(A) whether such an injunction, either alone or in combination with
other such injunctions issued against the same service provider under
this subsection, would significantly burden either the provider or the
operation of the provider's system or network;

(B) the magnitude of the harm likely to be suffered by the copyright
owner in the digital network environment if steps are not taken to
prevent or restrain the infringement;

(C) whether implementation of such an injunction would be technically
feasible and effective, and would not interfere with access to
noninfringing material at other online locations; and

(D) whether other less burdensome and comparably effective means of
preventing or restraining access to the infringing material are
available.

(3) Notice and Ex Parte Orders. Injunctive relief under this subsection
shall be available only after notice to the service provider and an
opportunity for the service provider to appear are provided, except for
orders ensuring the preservation of evidence or other orders having no
material adverse effect on the operation of the service provider's
communications network.

(k) Definitions.

(1) Service Provider. (A) As used in subsection (a), the term "service
provider" means an entity offering the transmission, routing, or
providing of connections for digital online communications, between or
among points specified by a user, of material of the user's choosing,
without modification to the content of the material as sent or received.

(B) As used in this section, other than subsection (a), the term
"service provider" means a provider of online services or network
access, or the operator of facilities therefor, and includes an entity
described in subparagraph (A).

(2) Monetary Relief. As used in this section, the term "monetary relief"
means damages, costs, attorneys' fees, and any other form of monetary
payment.

(l) Other Defenses Not Affected. The failure of a service provider's
conduct to qualify for limitation of liability under this section shall
not bear adversely upon the consideration of a defense by the service
provider that the service provider's conduct is not infringing under
this title or any other defense.

(m) Protection of Privacy. Nothing in this section shall be construed to
condition the applicabil