Texas Business and Commerce Code 323.002 – Software or Services That Restrict Access to Certain Internet Material
Current as of: 2024 | Check for updates
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(a) This section does not apply to:
(1) the Department of Information Resources, in the department’s capacity as the telecommunications provider for this state; or
(2) an institution of higher education that provides interactive computer service.
(b) A person who charges a fee to provide an interactive computer service shall provide free of charge to each subscriber of the service in this state a link leading to fully functional shareware, freeware, or a demonstration version of software or to a service that, for at least one operating system, enables the subscriber to automatically block or screen material on the Internet.
Terms Used In Texas Business and Commerce Code 323.002
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A person who charges a fee to provide an interactive computer service is in compliance with this section if the person places, on the person’s first page of world wide web text information accessible to a subscriber, a link leading to the software or service described by Subsection (b). The identity of the link or other on-screen depiction of the link must appear set out from surrounding written or graphical material so as to be conspicuous.
(d) A person who provides a link that complies with this section is not liable to a subscriber for any temporary inoperability of the link or for the effectiveness of the software or service to which the person links.