Perma Banned, Third Party? - Page 2 - Guild Wars Forums

lightblade · May 04, 2007, 05:07 PM // 17:07

Quote:

Originally Posted by thelegendozelda

didnt macro your drunk or sweet tooth title ehh?

Yea...that's kinda doubtful >.>

Enko · May 04, 2007, 05:16 PM // 17:16

Quote:

Originally Posted by thelegendozelda

didnt macro your drunk or sweet tooth title ehh?

why the heck would you need to macro the sweet tooth title . .. just click them all. don't have to wait like the drunkard title.

Tannim · May 04, 2007, 05:17 PM // 17:17

Ok, we're talking about two different things here, in the beginning. ANet have every right to monitor their data streams between the client and server. However, they have no right to try to scan the computer for other programs unless stated in the license before/during install.

And yes, they have the right to ban people, but if the person is innocent, and ANet refuse to unban them. Aka, they wrongfully banned the person, then they own the player a complete refund.

SigurdTheBalmung · May 04, 2007, 05:27 PM // 17:27

Quote:

Originally Posted by Tannim

The 2nd thing is, if you are innocent, ANet must, my law, unban you or completely refund your money. Again, this is only if your innocent

OMG, you don't read EULA's do you? Please go and read the GW's licensing agreement before you start to talk law and what not. I'll even provide a link for you... here.

I would like to point out Section 4, Sub-section (c)...

Quote:

Rights to Use Accounts. By agreeing to the User Agreement you agree that you do not own either the Master Account or Game Account (collectively, the "Account") you use to access the service, the characters created on the Account and that NC Interactive stores on NC Interactive servers, the items stored on these servers, or any other data from which the servers and accounts are comprised. The Account you create is needed to login to the service as per section 4(b) and the fee that you pay is to access new Campaigns or acquire Additional Features.

You don't own the account that you play with, A.net does. That means they can do whatever they want to it, even disable it.

You make me laugh...

Quote:

Originally Posted by Tannim

And yes, they have the right to ban people, but if the person is innocent, and ANet refuse to unban them. Aka, they wrongfully banned the person, then they own the player a complete refund.

Read Section 14 of the agreement...

Quote:

14. TERMINATION

(a) NC Interactive reserves the right to suspend or terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Game(s) as described in the Rules of Conduct.

Should NC Interactive decide to suspend or terminate this Agreement with a User under any circumstances, the User will lose access to your Account.

(b) You agree that if the Service or your Account is suspended, terminated or cancelled for any reason or length of time, you are not entitled to any reimbursement or refund of any fees or unused access time.

Do I need to go on? It doesn't matter if the OP did something wrong or not, as long as A.net believes that a player has done something wrong they have the right to terminate service. And by acknowledging the user agreement, read or not, you agree to this, and everything else, when you create an account.

Edit: Added in another Tannim quote... you make me laugh! :P

Tannim · May 04, 2007, 05:38 PM // 17:38

Please read the posts you are replying to, thanks

As mentioned previously, in some states and countries, that clause you quoted at the bottom, is not legal, and the player IS entitled to a full refund.

So let me know when you choose to read ... you make me laugh! :P

dargon · May 04, 2007, 05:48 PM // 17:48

Quote:

Originally Posted by Tannim

Please read the posts you are replying to, thanks

As mentioned previously, in some states and countries, that clause you quoted at the bottom, is not legal, and the player IS entitled to a full refund.

So let me know when you choose to read ... you make me laugh! :P

You may be correct about people being entitled to a full refund in certain locations, however to do so, you would need to employ the services of a lawyer, lawyers don't come cheap. Do you really think it's a sound investment in time and money to spend $100+ / hour on a lawyer so that you can get your $49.95 back? Not to mention that most judges would consider that an ENORMOUS waste of the courts time.

Tannim · May 04, 2007, 05:52 PM // 17:52

Now we're talking, and your entirely correct

although, it would be a small claims court issue (thus no lawyer, only filing fees), and from there the Attorney General due to the business practice in those states/countries.

I'd say, the only people who would attempt such an endeavor would be those who wish to set a precedent and a point.

If anything, the player can return the game to the store for a refund or a swap. Anyhow, you do make a great point.

Enko · May 04, 2007, 05:57 PM // 17:57

Quote:

Originally Posted by Tannim

Please read the posts you are replying to, thanks

As mentioned previously, in some states and countries, that clause you quoted at the bottom, is not legal, and the player IS entitled to a full refund.

So let me know when you choose to read ... you make me laugh! :P

you really need to brush up on your law. by clicking the agree button you agreed to the EULA which is basically a contract. if it can be found to be illegal in whatever state or country you're in, it doesn't matter as Anet is based in California and that's where the case would be fought.

the filing fee for small claims court is $50 (at least in CA). No one in their right mind would spend $50 to get a $30 refund (in which they would lose the case anyways). the only chance you would have is getting everyone who has been banned who was innocent and going in with a class action suit. Good luck finding a large enough number of people who were innocent and banned that will want to do this.

Again, to the OP, if you are innocent, just keep on contacting them about it. They'll look into your case and go from there.

Tannim · May 04, 2007, 06:17 PM // 18:17

Ok, I'll have to repeat and clarify my previous posts for you ...

The case can be fought in the home town of the person who have been violated. This means, it does not need to be fought in California.

As mentioned previously in this thread .... It can be taken to case to make a precedent and on principle. Can topple that with various damages in small claims court, depending on your fancy and the laws in your state/country. So the end result can be much higher then $30. With the messed up laws in the US, it wouldn't be surprising.

Class action lawsuit isnt the only chance, but let's pretend there is. With the nice thing called the Internet, petitions, and the like. It wouldn't be hard to find much like minded people ... providing there are innocents to begin with.

All and all, we're talking about IF he is innocent, and IF ANet was wrong ... We still don't know for sure either way

Enko · May 04, 2007, 06:33 PM // 18:33

either way, you're not going to get by the contract you digitally signed when signing up to play the game. Contrary to common belief, Guild Wars is Anet's game and they can do whatever they want on their servers. The only way you can affect them if you disagree with them is with your wallet and choosing not to buy future products.

do you seriously think that Anet didn't have their company lawyers go over the EULA for any holes especially for a common problem such as this in MMORPGs?

If I post an ad to sell a car "AS IS" and state everything that's wrong with the car, the buyer cannot come back and sue me if the car breaks down after he signed the contract. It won't matter where the buyer and seller is. You have a written contract that states the stipulations. As long as nothing new is found out like I didn't report all the damages (which would be fraud), the seller is SOL.

In the same way, Anet has nothing to worry about your claims that you could sue them. They state that everything on the servers, including your account, is their property. As such, how can you sue for compensation for something that isn't even your's? Sure you could sue them but it would be an enormous waste of time and money on your part because you'll just be laughed out of court the second Anet produces the EULA to show that you have no leg to stand on.

Quote:

14. TERMINATION

(a) NC Interactive reserves the right to suspend or terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Game(s) as described in the Rules of Conduct.

Should NC Interactive decide to suspend or terminate this Agreement with a User under any circumstances, the User will lose access to your Account.

(b) You agree that if the Service or your Account is suspended, terminated or cancelled for any reason or length of time, you are not entitled to any reimbursement or refund of any fees or unused access time.

Yes it says that they will suspend or terminate the account "if you breach this Agreement". This is your defense for wrongful banning as you can just tell them you didn't breach it. They are under no obligation to reverse the banning as stated "Should NC Interactive decide to suspend or terminate this Agreement with a User under any circumstances, the User will lose access to your Account."

As for your demand for reimbursement, that's covered here "You agree that if the Service or your Account is suspended, terminated or cancelled for any reason or length of time, you are not entitled to any reimbursement or refund of any fees or unused access time."

Tannim, technically, they could ban your account since you said you agreed to all of this in the EULA when you signed up and that's one of the stipulations of being able to play. Since you obviously don't agree with the EULA, you've already broken it. But Anet won't do it since there's really no point to banning you.

Caleb · May 04, 2007, 06:45 PM // 18:45

As you can see, these threads quickly degenerate into various people "discussing" their opinions on the matter.

No one on Guild Wars Guru can assist you in getting your account back. You need to contact www.guildwars.com/support and go through the proper process with the support staff.

Everyone here is trying to help you, but in the end only you can change your account's status through actions rather than words.

Best of luck.
Closed.

May 04, 2007, 05:17 PM // 17:17	#23
Tannim Academy Page Join Date: Apr 2007	Ok, we're talking about two different things here, in the beginning. ANet have every right to monitor their data streams between the client and server. However, they have no right to try to scan the computer for other programs unless stated in the license before/during install. And yes, they have the right to ban people, but if the person is innocent, and ANet refuse to unban them. Aka, they wrongfully banned the person, then they own the player a complete refund.

May 04, 2007, 05:38 PM // 17:38	#25
Tannim Academy Page Join Date: Apr 2007	Please read the posts you are replying to, thanks As mentioned previously, in some states and countries, that clause you quoted at the bottom, is not legal, and the player IS entitled to a full refund. So let me know when you choose to read ... you make me laugh! :P

May 04, 2007, 05:52 PM // 17:52	#27
Tannim Academy Page Join Date: Apr 2007	Now we're talking, and your entirely correct although, it would be a small claims court issue (thus no lawyer, only filing fees), and from there the Attorney General due to the business practice in those states/countries. I'd say, the only people who would attempt such an endeavor would be those who wish to set a precedent and a point. If anything, the player can return the game to the store for a refund or a swap. Anyhow, you do make a great point.

May 04, 2007, 06:17 PM // 18:17	#29
Tannim Academy Page Join Date: Apr 2007	Ok, I'll have to repeat and clarify my previous posts for you ... The case can be fought in the home town of the person who have been violated. This means, it does not need to be fought in California. As mentioned previously in this thread .... It can be taken to case to make a precedent and on principle. Can topple that with various damages in small claims court, depending on your fancy and the laws in your state/country. So the end result can be much higher then $30. With the messed up laws in the US, it wouldn't be surprising. Class action lawsuit isnt the only chance, but let's pretend there is. With the nice thing called the Internet, petitions, and the like. It wouldn't be hard to find much like minded people ... providing there are innocents to begin with. All and all, we're talking about IF he is innocent, and IF ANet was wrong ... We still don't know for sure either way

May 04, 2007, 06:45 PM // 18:45	#31
Caleb Nil nisi malis terrori. Join Date: Aug 2005 Profession: Mo/Me	As you can see, these threads quickly degenerate into various people "discussing" their opinions on the matter. No one on Guild Wars Guru can assist you in getting your account back. You need to contact www.guildwars.com/support and go through the proper process with the support staff. Everyone here is trying to help you, but in the end only you can change your account's status through actions rather than words. Best of luck. Closed.