Bans = HB information leaks?

[CimmerianRage]

first off, id like to welcome you to the buddyforums. and no, banning with no reason is well within their rights as stated in the Terms. it would only lead to invalid complaints, quick dismissals, and wasting their own time and money.

lol. I'm not new to the forums despite todays join date. I've read them for years, but I don't post, never wanted to, until today. but thats for neither here nor there. Its funny how you seem to think a Eula and ToS are GOD. Irrefutable, uncontestable, and insurmountable. Companies get sued over contracts all the time, for no good reason, and they settle...All. The. Time. Blizzards eula is a stopgap for casual suits but doesn't really do anything more than serve as a premise for casual bans. Its never will. know why? It CAN'T. there are far too many complications. say, for instance, I am the payer on an account for my son, a minor, who cheats and get banned. Can I get a refund? You bet your ass I can. Because he is a minor and isn't elligle to enter into a contract with Blizzard without my permission. If -I- haven't read the eula, and -I- haven't agreed to it then -I- cannot be held to it. I'm just the bank. Its my money paying for his account. Yeah, they can ban the account but they will give a refund. This is just one of many such scenarios.

 

[tednugent]

lol. I'm not new to the forums despite todays join date. I've read them for years, but I don't post, never wanted to, until today. but thats for neither here nor there. Its funny how you seem to think a Eula and ToS are GOD. Irrefutable, uncontestable, and insurmountable. Companies get sued over contracts all the time, for no good reason, and they settle...All. The. Time. Blizzards eula is a stopgap for casual suits but doesn't really do anything more than serve as a premise for casual bans. Its never will. know why? It CAN'T. there are far too many complications. say, for instance, I am the payer on an account for my son, a minor, who cheats and get banned. Can I get a refund? You bet your ass I can. Because he is a minor and isn't elligle to enter into a contract with Blizzard without my permission. If -I- haven't read the eula, and -I- haven't agreed to it then -I- cannot be held to it. I'm just the bank. Its my money paying for his account. Yeah, they can ban the account but they will give a refund. This is just one of many such scenarios.

You did enter into a contract and you have signed their terms... every xpac, every patch and any major upgrade.... remember the giant wall of text you scroll past to hit accept and load the game... that's your contract!... Just sayin...

 

[Mrlumlums]

When I found out that i was banned i had the thought that someone leaked HB info to Blizzard. However, its more interesting to think about how Blizzard does the bans in mass waves. Why do it all at once? Why not do it when they get the information? it really strikes me as odd that they do it in mass waves. Also, what about those people that get caught up in the ban wave and never use a bot? Is that even possible? Its all just so if-y in my opinion. The fact of the matter is that we got banned and Blizzard is not going to give us the accounts back because that would mean they made a mistake somewhere. What kind of business is going to take responsible action for their mistakes? Ill tell you, not one damn business. So here we are waiting 6 months to rejoin a game that we are going to continue botting in, and more than likely we will get caught again. So for those players who are ruining it for the rest of us by taking advantage of running their bots 24/7 I would say to stop doing that and get real about what you are doing. The more you use it the higher the risk of losing it. This is the reason we all cant have nice things...

 

[CimmerianRage]

You did enter into a contract and you have signed their terms... every xpac, every patch and any major upgrade.... remember the giant wall of text you scroll past to hit accept and load the game... that's your contract!... Just sayin...

My personal experiences have nothing to do with the hypothetical situation provided, along with numerous other situations which only serve to illustrate the point that the contract is -not- inviolate. I'm not what difficulty people have understanding that.

 

[AlwaysInPain]

Look up "supercede" or "supersede." If you think TOS and EULA is the end all be all.

If you signed a contract become a slave in a country where slavery is outlawed. What then? Anti slavery law will supersede the contract.

In EU, there are anti snooping laws, (too bad recently France gave way to big brother due to terrorism scare.) And these laws, can supersede TOS and EULA.
However, it all depends on public sensitivity in my opinion. IF a big spy scandal which had erupted recently and caused a massive outcry in the public over
spying and breaching privacy, the courts will be leaning more in favour of protecting the public/end-user.

- just sayin

 

[frosticus]

The immediately canceled my paypal account agreement at the time they banned my account

this has been my experience every single ban. what sucks is when they charge you the day before the ban.

lol. I'm not new to the forums despite todays join date. I've read them for years, but I don't post, never wanted to, until today. but thats for neither here nor there. Its funny how you seem to think a Eula and ToS are GOD. Irrefutable, uncontestable, and insurmountable. Companies get sued over contracts all the time, for no good reason, and they settle...All. The. Time. Blizzards eula is a stopgap for casual suits but doesn't really do anything more than serve as a premise for casual bans. Its never will. know why? It CAN'T.

the only thing we are debating is the users ability to waive his or her rights to protection from illegal search and seizure by giving written consent.

here in America, we have the Freedom to waive our constitutional rights. as long as we arent batshit crazy and not mentally stable enough to decide for ourselves.
one way to waive your 4th amendment rights is to give verbal or written consent. which has nothing to do with the Terms, it has everything to do with the Freedom we are given here in America. we are free to allow an officer of the law permission to search our vehicles without a warrant. we have the right to allow an officer of the law into our home to see what they can see, without a warrant. you can even give them permission to look under the floorboards without a warrant. but you have to choose to waive those rights.

there are far too many complications. say, for instance, I am the payer on an account for my son, a minor, who cheats and get banned. Can I get a refund? You bet your ass I can. Because he is a minor and isn't elligle to enter into a contract with Blizzard without my permission. If -I- haven't read the eula, and -I- haven't agreed to it then -I- cannot be held to it. I'm just the bank. Its my money paying for his account. Yeah, they can ban the account but they will give a refund.

sorry, thats just not true. you have to agree to the Terms to allow your son to play the game. hang on, let me google that for you. cause i know you think im a fool.
Blizzard Entertainment:World of Warcraft Terms of Use

Eligibility.
Section 3
You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you.

then lets look here

Termination.
Section 10
This Agreement is effective until terminated. You may terminate this Agreement by deleting the Game Client and terminating all World of Warcraft Accounts registered to you. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased game access to World of Warcraft. You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. Blizzard may terminate this Agreement (and your access to the Game) with or without notice for any reason, or for no reason. The provisions of Sections 4, 5, 8, 11, and 12-17 shall survive any termination of this Agreement.

 

[CimmerianRage]

sorry, thats just not true. you have to agree to the Terms to allow your son to play the game. hang on, let me google that for you. cause i know you think im a fool.
Blizzard Entertainment:World of Warcraft Terms of Use

then lets look here

Except where the minor hits agree, and I as the payer do not. Thats what you seem to not understand. I don't have to agree to the TOS to pay for an account. So your argument is invalid. quote me the ToS all you want, I'm intimately familiar with it. if a minor certifies they are an adult in order to access content, it doesn't make them an adult, and it doesn't make the contract binding

 

[foam_follower]

Except where the minor hits agree, and I as the payer do not. Thats what you seem to not understand. I don't have to agree to the TOS to pay for an account. So your argument is invalid. quote me the ToS all you want, I'm intimately familiar with it. if a minor certifies they are an adult in order to access content, it doesn't make them an adult, and it doesn't make the contract binding

You're quite right. This is a grey area in which Blizzard could be held responsible for not verifying the signatory's age. That would definitely be a breach of contract.

 

[digitalgold]

Personally I thnk the extra hour or two of maintenance was something involved with the ban wave. THe next day is when it went out. They obviously just scanned everyone and found hb running then bye bye.