Legal Mumbo Jumbo!!!
Ewwww!! Legal Stuff?...... SNORE!! We know, we hate it to, but we pay big money to some very educated folks that would be very disheartened if we did not include all this stuff for you to read. They will be even more discouraged if you did not read it too! So, please do! Thanks from the POC team.
To help a bit we do provide "in other words" Everyday language. Please NOTE: these summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using POC or any POC services, you are agreeing to these terms. Be sure to occasionally check back for updates.
Piece of Cake Website Builder Terms of Service
Introduction
This Privacy Policy outlines the PIECE OF CAKE WEBBUILDER AND ECOMERCE, PIECE OF CAKE DIGITAL MARKETING, and REIGSTER IT (" we
", " our
" or " the Company
") practices with respect to information collected from users who access our website at www.pocwebbuilder.com, pieceofcakewebbuilder.com and registerit.ca
(" Site
"), or otherwise share personal information with us (collectively: " Users
").
By signing up for the Piece of Cake Website Builder service (“Service”) or, any of the services of Piece of Cake Website Builder (“POC”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. POC reserves the right to update and change the Terms of Service by posting updates and changes to the POC website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and POC’s Privacy Policy before you may become a POC user.
Everyday language (“In other words”) summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using POC or any POC services, you are agreeing to these terms. Be sure to occasionally check back for updates.
SECTION 1 Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You acknowledge that POC will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. POC cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your POC account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of POC will result in an immediate termination of your services.
In other words!
Don’t use POC for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
SECTION 2 Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Upon purchasing a domain name through POC, domain registration will be preset to automatically renew each year so long as your POC account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
The person signing up for the POC Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
Any domain you purchase through us will automatically renew unless you opt out.
SECTION 3 General Conditions
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy
before you may become a member of POC.
- Technical support is only provided to paying account holders and is only available via email.
- You may not use the POC service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by POC.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use POC or POC trademarks and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to support@pocwebbuilder.com.
- You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- You acknowledge and agree that your use of the Service, including information transmitted to or stored by POC, is governed by its privacy policy at Privacy Policy
In other words!
The POC service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
SECTION 4 POC Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Store Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any POC customer, POC employee, member, or officer will result in immediate account termination.
- POC does not pre-screen Store Content and it is in their sole discretion to refuse or remove any Store Content that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that POC employees and contractors may also be POC customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- POC retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, POC reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
In other words!
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over a POC account, we can freeze the account or transfer it to the rightful owner.
SECTION 5 Limitation of Liability
- You expressly understand and agree that POC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall POC or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, POC partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- POC does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- POC does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- POC does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
In other words!
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
SECTION 6 Waiver and Complete Agreement
The failure of POC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and POC and govern your use of the Service, superseding any prior agreements between you and POC (including, but not limited to, any prior versions of the Terms of Service).
In other words!
If POC chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and POC don't apply if they conflict with these terms.
SECTION 7 Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the POC service. All material you upload remains yours. You can remove your POC store at any time by deleting your account. This will also remove all content you have stored on the Service.
- By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow POC to display and store your Store Content; and (c) that POC can, at any time, review all the Store Content submitted by you to its Service.
- You retain ownership over all Store Content that you upload to a POC store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
- You retain ownership over all content that you submit to a POC store however, by making your store public, you agree to allow others to view your content.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
In other words!
Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
SECTION 8 Theme Store
- You may establish the appearance of your POC store with a design template from POC’s Theme Store (“a Theme”). If you download a Theme, you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. You are not permitted to transfer or sell a Theme to any other person’s store on POC or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. POC gives no assurance that a particular Theme will remain available for additional downloads.
- You may modify the Theme to suit your store. POC may add or modify the footer that refers to POC at its discretion. POC may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. POC may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and POC may take administrative action such as modifying your store or closing your store.
- Technical support for a Theme is the responsibility of the designer, and POC accepts no responsibility to provide such support. POC may be able to help you contact the designer.
- It is the responsibility of the user, and not POC, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
In other words!
You can purchase our Themes to use for one store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.
SECTION 9 Payment of Fees
- A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
- The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the account page of your POC administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
- All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are a resident of Canada , you are responsible for all applicable Taxes that arise from or as a result of your subscription to a Plan. These Taxes are based on the rates applicable to the Canadian billing address you provided to us. Such amounts are in addition to payment for the Plan and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are not a resident of Canada and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of the service, you must provide us with a statement by email to info@pocwebbuilder.com
that 1) you are not a resident of Canada 2) you are not GST/HST registered and 3) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when the service is made. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes on the Plan which will be billed to your credit card until after such time that you provide us with the information described to us.
- To the extent that you are a non-resident individual and not a corporation or other legal entity, and your location of usage shifts to a place in Canada when the service is made, you must advise us immediately by email to the address provided above.
- POC does not provide refunds.
In other words!
For live payment gateways, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay. Tax is not included and will be billed to your credit card. If you’re exempt from Canadian taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.
SECTION 10 Cancellation and Termination
- You may cancel your account at any time by emailing support@pocwebbuilder.com
and then following the specific instructions indicated to you in POC's response.
- Once cancellation is confirmed, all of your Store Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- If you purchased a domain name through POC, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
- If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
- We reserve the right to modify or terminate the POC service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, POC may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
In other words!
To initiate a cancellation, email support@pocwebbuilder.com. POC will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted, and domains purchased through POC will no longer be automatically renewed. If you cancel in the middle of the month, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
SECTION 11 Modifications to the Service and Prices
- Prices for using POC are subject to change upon 30 days’ notice from POC. Such notice may be provided at any time by posting the changes to the POC Site (www.pocwebbuilder.com) or the administration menu of your POC store via an announcement.
- POC reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- POC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
In other words!
We may change or discontinue the service at any time, without liability.
SECTION 12 Optional Tools
- POC may provide access to third party tools, which POC neither monitors, nor has any control or input.
- You acknowledge and agree that POC provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. POC shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
- POC strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.
In other words!
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.
SECTION 13 DMCA Notice and Takedown Procedure
- POC supports the protection of intellectual property and asks POC merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement.
- If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to POC’s designated agent using our form.
- Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement.
- Once provided with a notice of takedown, the merchant can reply with a counter notification using the process described on our DMCA Notice and Takedown Procedure
page if they object to the complaint.
- The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
For Merchants, In other words!
POC respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
For everyone, In other words!
If you believe one of our merchants is infringing your intellectual property rights, you can send POC a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.
Updates or amendments to this Privacy Policy
We reserve the right to periodically amend or revise the Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy policy. The last revision will be reflected in the "Last modified" section. Your continued use of the Platform, following the notification of such amendments on our website, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.
Notices of changes to our Terms of Service
Date of change:_______________.
1.
2.
Piece of Cake Website Builder.
1534 Oxford Avenue
Toronto, ON L6H1T9
Canada
Piece of Cake Website Builder Privacy Policy
POC collects e-mail addresses of people who send us e-mail. We also collect information on what pages users access and information provided to us by users via surveys and site registrations. Such information may contain personal data about you including your address, phone numbers, credit card numbers etc. POC protects credit card information according to Payment Card Industry Data Security Standards (PCI-DSS). We are not allowed to disclose such personal information without your written permission. However, certain information collected from you and about you is used within the context of providing our services to you. The information we collect is not shared with, sold or rented to others except under certain circumstances and which your use of the Service is deemed to provide to us a valid consent to disclose the following:
- POC may share personal information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of POC’s terms of use, or as otherwise required by law.
- POC employs other companies to perform tasks on our behalf and may need to share your information with them to provide products and services to you. POC may also share your information to provide products or services you’ve requested or when we have your permission.
- We will transfer information about you if POC is acquired by or merged with another company. In this event, POC will notify you by email or by putting a prominent notice on the POC web site before information about you is transferred and becomes subject to a different privacy policy.
Everyday language summaries are provided for your benefit and are not legally binding. Please read the Terms of Service for the complete picture of your legal requirements.
SECTION 1 What we do with your information
- The term “Personal Information” as used herein is defined as any information that identifies or can be used to identify, contact or locate the person to whom such information pertains. The Personal Information that we collect will be subject to this Privacy Policy, as amended from time to time.
- When you register for POC we ask for your name, company name, email address, billing address, credit card information. Members who sign up for the free account are not required to enter a credit card however if you want to enable your checkout process you will need to provide your credit card information.
- POC uses the information we collect for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.
- As part of the buying and selling process on POC, you will obtain the email address and/or shipping address of your customers. By entering into our User Agreement, you agree that, with respect to other users’ Personal Information that you obtain through POC or through a POC-related communication or POC-facilitated transaction, POC hereby grants to you a license to use such information only for POC-related communications that are not unsolicited commercial messages. POC does not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add the name of someone who has purchased an item from you, to your mail list (email or physical mail) without their express consent.
In other words!
When you sign up you provide personal information which we collect and use. For the check-out process we also collect your credit card information. Only use your POC customers’ information for POC-related communications, unless they give you permission otherwise. Don’t spam anyone!
SECTION 2 Security
The security of your personal information is important to us. When you enter sensitive information, such as credit card number on our registration form, we encrypt the transmission of that information using secure socket layer technology (SSL). We do not store your billing information, and this information is discarded after your transaction has been processed. Nevertheless, the required information for your billing will be stored by our payment gateway company which will store your billing information on their secure payment gateway for as long as necessary to carry out te terms of your subscription. We may retain the lst 4 digits of your credit card number, and credit card type so that you may identify the card used in the future. Should you cancel your subscription, your billing information will be removed by the payment gateway company. For details on the payment gateway privacy policy please visit Privacy Policy.
No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can email us at support@pocwebbuilder.com.
In other words!
We will encrypt your credit card and sensitive information at industry standards. Because stuff happens, we can’t guarantee 100% security of your data. If you have questions email support@pocwebbuilder.com.
SECTION 3 Disclosure
- POC may use third party service providers to provide certain services to you and we may share Personal Information with such service providers. We require any company with which we may share Personal Information to protect that data in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services for POC.
- POC may disclose Personal Information under special circumstances, such as to comply with court orders requiring us to do so or when your actions violate the Terms of Service.
- We do not sell or otherwise provide Personal Information to other companies for the marketing of their own products or services.
In other Words!
In certain circumstances, we may disclose your personal information, like court orders.
SECTION 4 Client Data Storage
POC owns the data storage, databases and all rights to the POC application however we make no claim to the rights of your data. You retain all rights to your data and we will never contact your clients directly, or use your data for our own business advantage or to compete with you or market to your clients.
In other words!
You own your data and we will respect that. We won’t try and compete with you or write to your customers.
SECTION 5 Cookies
A cookie is a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Every computer that accesses our website is assigned a different cookie by us.
Google Analytics and Remarketing
We use a service provided by Google called Google Analytics (GA). GA permits us to reach people who have previously visited our site, and show them relevant advertisements when they visit other sites across the Internet in the Google Display Network. This is often called ‘remarketing’.
Cookies can be used to track your session on our website, to serve customized ads from Google and other third party vendors. When you visit this website, you may view advertisements posted on the site by Google or other third parties. Through first-party and third party cookies, these third parties may collect information about you while you are visiting this website and other websites. They may use this data to show you advertisements on this website and across the Internet based on your prior visits to this website and elsewhere on the Internet. We do not collect this information or control the content of the advertisements that you will see.
Opting Out
You may be able to opt out of customized Google Display Network ads by visiting the Ads Preferences Manager (http://www.google.com/ads/preferences/), and the Google Analytics Opt-out Browser Add-on (http://www.google.ca/ads/preferences/plugin/).
Your use of this website without opting out means that you understand and agree to data collection to provide you with remarketing ads using GA and cookies from other third party vendors based on your prior visits to this website and elsewhere on the Internet.
In other words!
To identify you electronically, a cookie will be stored on your computer. We have a “remarketing” tool running that allows us to take note of your visits to our site and show you relevant ads on our website and across the Internet. You can always opt out.
SECTION 6 PCI-DSS
The Payment Card Industry Data Security Standard (PCI-DSS) is a set of security requirements managed by the PCI Security Standards Council, a joint effort of the payment brands, including Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by merchants and service providers.
In other words!
We will use industry standards in security, the same ones used by the big credit card companies, to help you keep a secure POC account.
SECTION 7 Changes to this Privacy Policy
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here or by means of a notice on our homepage so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
In other words!
We may change this Privacy Statement. If it’s a big change, we will inform you, right here.
Questions:
Any questions about this Privacy Policy should be addressed to info@pocwebbuilder.com
or by mail to:
Piece of Cake Website Builder.
1534 Oxford Avenue
Oakville, ON, L6H1T9
Canada
Piece of Cake Website Builder DMCA Notice and Takedown Procedure
POC supports the protection of intellectual property and asks their users to do the same. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”), the text of which can be found at the U.S. Copyright Office website, http://www.copyright.gov.
It is expected that all users of any part of POC will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the subscriber.
SECTION 1 INFRINGEMENT NOTIFICATION
To file a notice of infringement with POC, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material, we suggest that you first contact a lawyer.
To expedite our ability to process your request, please use the following format:
- Identify with sufficient detail the copyrighted work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your copyright (URL of a website or URL to a post, with title, date, name of the emitter), or link to initial post with sufficient data to find it.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit POC to locate the material;
- Information reasonably sufficient to permit POC to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
- The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
- Sign the document with either your physical or electronic signature; and
- Send the written communication to:
Piece of Cake Website Builder
Attn: DMCA Complaints
1534 Oxford Avenue
Oakville, ON L6H1T9
Canada
OR email to: info@pocwebbuilder.com
Attn: Piece of Cake Website Builder DMCA Complaints
Please include section numbers.
SECTION 2 COUNTER NOTIFICATION
The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act.
To file a counter notification with us, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.
To expedite our ability to process your request, please use the following format:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
- The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled"; and
- Sign the document with your physical or electronic signature; and
- Send the written communication to:
Piece of Cake Website Builder
Attn: DMCA Complaints
1534 Oxford Avenue
Oakville, ON L6H1T9
Canada
OR email to: info@pocwebbuilder.com
Attn: Piece of Cake Website Builder DMCA Complaints
Please include section numbers.
Upon receiving a proper counter notification, POC will provide the person who sent the original infringement notification with a copy of the counter notification, and inform that person that POC will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system, pursuant to section 512(g)(2)(c).
SECTION 3 REPEAT INFRINGERS
In accordance with Section 512(i)(1)(a) of the DMCA, POC will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
SECTION 4 DISCLOSURE
Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of the infringement notice (with your personal information removed) will be published at www.pocwebsitebuilder.com.
Questions
Any questions about POC's DMCA Notice and Takedown Procedure should be addressed to info@pocwebbuilder.com
or by mail to:
Piece of Cake Website Builder
Attn: DMCA Complaints
1534 Oxford Avenue
Oakville, ON L6H1T9
Canada