Xcaps.net is not the "Producer" (as per definitions in 18 U.S.C. 2257(h)(2)(B)(v) and regulations promulgated thereunder) of any depictions of actual or simulated sexually explicit conduct appearing on the Xcaps.net website as the activities of Xcaps.net are limited to the distribution, transmission, storage, retrieval and/or hosting of such depictions posted in areas of the website under the control of registered users or members of Xcaps.net. As such, Xcaps.net is exempt from the record keeping requirements of 18 U.S.C. 2257. Its only obligation is to cooperate to immediately withdraw the content once the infraction of the site's rules are identified.
Xcaps.net is a "Provider of an Interactive Computer Service" (as per definitions in 47 U.S.C. 230(c) and regulations promulgated thereunder) and, as such, is not considered the publisher or speaker of any content posted in areas of the website under the control of registered users or members of Xcaps.net.
Xcaps.net is not involved in the production of material included in these additional services, and is involved merely in the distribution of links to this material, Xcaps.net is exempt from record keeping requirements based on limitations described in 28 C.F.R. 75.1(c)(4)(ii).
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