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DMCA Policy


We respect the intellectual property of others, and we ask our users to do the same. On this page, you will find information about copyright infringement procedures and policies that apply to UltraCart.

Notification of Copyright Infringement


If you are a copyright owner (or an agent of a copyright owner) and believe any user material posted on our sites infringes upon your copyrights, you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act ("DMCA") by sending an e-mail to our Designated Copyright Agent containing the following information:

  • A clear identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are posted on a single web page and you notify us about all of them in a single notice, you may provide a representative list of such works found at the site.
  • A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our website (such as the merchant item ID of the infringing material).
  • A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  • A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • Your contact information so that we can reply to your notice, preferably including an e-mail address and telephone number.
The notice must be physically or electronically signed by the copyright owner or a person authorized to act on behalf of the owner.
 
Your written Notification of Claimed Infringement must be sent to our Designated Copyright Agent at the e-mail address listed below. We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able respond to your notice.

We suggest that you consult your legal advisor before filing a Notification of Claimed Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability. Please also be advised that, in appropriate circumstances, we will terminate the accounts of users/subscribers who repeatedly misidentify copyrighted material.

Counter Notification of Copyright Infringement


If you believe material was removed in error, you may send a Counter Notification to our Designated Copyright Agent at the e-mail address provided below.
 
To file a Counter Notification with us, you must send us an e-mail that sets forth the items specified below:
 
  • Identify the specific Merchant ID associated with the material that we have removed or to which we have disabled access.
  • Provide your full name, address, telephone number, and e-mail address.
  • Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Tucker, GA if your address is outside of the United States), and that you will accept service of process from the person who the provided notification of claimed infringement to which your notice relates or an agent of such person.
  • Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • Sign the notice. If you are providing notice by e-mail, an electronic signature (i.e. your typed name) or scanned physical signature will be accepted.
If we receive a Counter Notification from you, we may forward it to the party who submitted the original Notification of Claimed Infringement. The Counter Notification we forward may include some of your personal information, such as your name and contact information. By submitting a Counter Notification, you consent to having your information revealed in this way. We will not forward the Counter Notification to any party other than the original claimant unless required or expressly permitted to do so by law.
 
After we send out the Counter Notification, the original claimant must respond to us within 10 business days stating he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our web site.

We suggest that you consult your legal advisor before filing a Counter Notification of Copyright Infringement. Please note that you may be liable for damages if you make a false claim. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Please note that we may not be able to contact you if we receive a Notification of Copyright Infringement about material you posted online. In accordance with our Terms of Service, we reserve the right to permanently remove any content sole discretion

Termination of Subscriber Accounts


It is our policy, in what we deem in our sole discretion to be appropriate circumstances, to disable and/or terminate the accounts of users, subscribers or account holders who repeatedly infringe the copyrights or other intellectual property rights of others or of UltraCart.

Designated Copyright Agent Contact Information


Notices with respect to this web site should be sent to:

BPS Info Solutions, Inc.
dba UltraCart.com
3144 N G Street
Suite 125-333
Merced, CA 95340
 
Phone: 209-383-9870 
Fax: 425-871-3833
Email: dmca@ultracart.com

The Designated Copyright Agent should be contacted only about notices regarding alleged copyright. Any other feedback, comments, requests for technical support, and other communications should be directed to customer service support@ultracart.com.