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  • Interesting response about appealing

    Discussion in 'Ban Section - Ban Reports' started by Myrsha, May 21, 2013.

    1. Myrsha

      Myrsha New Member

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      1)Were you using Honorbuddy, Gatherbuddy or both on the account?
      both

      2)If so, when was the last time?:
      Sunday ~23:00.

      3)What profile were you using?:
      Plato 0.6beta - all Pandaria zones

      4)What combat class were you using? if None Just put Default then the Classname:
      Druid singular

      5)What plugins are you using?:
      None.

      6)How many hours per day did you bot for?:
      11 hours.

      6.5)What honest percentage of time did you supervise your bot?
      80-90%.

      7)How many auctions per day did you have?:
      0.

      8)Did you Use Any Other Bots, Hacks, or Mods?
      No.

      9)Was your account involved in gold selling?
      No.

      10)EU or US realm?
      EU.

      11)Is the banned account a Scroll of Resurrection or an actual paid account?
      Paid.


      This is an old botter account that i stopped botting a month ago. And now i wanted to test how is it going - this account wasn't botting for like a month. Not good obviously.
      I was watching him in the time of the ban. When he was flying around the screen got full black (this happens ocasionally on my laptop-not sure if its because of my VGA or its from the wow client) and then the wow crashes. After it crashed I relaunched the WoW client and when I tried to log back in i got the messange that the account is closed.

      I recieved the e-mail and I made a ticket for appealing - and then i recieved rather interesting response.

      Hello,

      Your account was permanently suspended due to use of third party programs, which is against the Terms of Use:
      Blizzard Entertainment: World of Warcraft Terms of Use

      When running, the World of Warcraft client may monitor your computer's random access memory (ram) and/or cpu processes for unauthorized third party programs running concurrently with World of Warcraft. An unauthorized third party program as used herein shall be defined as any third party software, including without limitation any addon or mod, that in Blizzard Entertainment's sole determination:

      I. enables or facilitates cheating of any type;

      II. allows users to modify or hack the World of Warcraft interface, environment, and/or experience in any way not expressly authorized by Blizzard Entertainment; or

      III. intercepts, mines, or otherwise collects information from or through World of Warcraft. In the event that World of Warcraft detects an unauthorized third party program, Blizzard may

      a) communicate information back to blizzard entertainment, including without limitation your account name, details about the unauthorized third party program detected, and the time and date the unauthorized third party program was detected; and/or

      b) exercise any or all of its rights under section 6 of this agreement, with or without prior notice to the user.

      The use of such programs or files is clearly unfair to the World of Warcraft community playing regularly and is not tolerated on our servers.

      Following a review of your case, we can confirm that such program has been used on several occasions by your account, and that the subsequent action taken is appropriate. We would not look to enter into any further communications on this issue as the matter is now considered closed.

      Please be advised that sanctions in relation to this matter will not be taken against any new accounts you may wish to create, but the characters from your cancelled account will remain irretrievable. If you should wish to create a new account, you will need to obtain a new and unused CD key with a retail copy of the game.


      I never received message like this. Thought I should share.
       
    2. Aion

      Aion Well-Known Member Buddy Store Developer

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      Its trivial autoban message. Prolly because it was flagged several times, its perma, not sure to.
       
    3. Myrsha

      Myrsha New Member

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      Yes but about the scanning RAM and CPU processes ? - i don't remember that they typed in such things before. I may be wrong - correct me if I am :)
       
    4. mkay1337

      mkay1337 New Member

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      they dont do so, again and again [and again]
       
    5. thatwouldbestealing

      thatwouldbestealing Member

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      I found this on the EU Terms of Use, the USA version has similar wording:

      It seems, from a legal precedent, their intentions have been made and as users we have consented.
       
    6. Aion

      Aion Well-Known Member Buddy Store Developer

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      Please, use the search function, here or in google regarding these lines in Blizz TOU. People are tired of explaining them over and over again ... Blizz are not allowed by the local laws to break customers privacy, and they would never do it!
      Its just scary line of text, to fear the young mates here, who still have no idea, that the TOU have no legal ground!
       
    7. mkay1337

      mkay1337 New Member

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      tou != law

      being allowd by tou does not mean you are allowed by law

      recent case: sky (the tv thingy), they got sued in germany on their agb and so (it think up to) 12 paragraphs were declared void.
       
    8. thatwouldbestealing

      thatwouldbestealing Member

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      What right do you have to arbitrate replies on this forum? The OP no less asked a question about CPU and RAM scanning to which I have replied, with source. If you have any proof that Blizzard's TOU are illegal within the EU (or USA) then I would love to see it, and I presume so would Blizzard and everyone on this forum -as it has not been evidenced.

      Perhaps Blizzard do need to be sued in order for their 'paragraphs' to be 'declared void' -until then they are affirming that they scan CPU and RAM, and users' consent is given: which is legal precedent and one, which based on the number of times people are being quoted with it in their ban emails, one is Blizzard are not afraid of standing by.

      In addition, here are other companies offering the same '!= law' Terms of Use:

      TRION: Terms of Use | Trion Worlds, Inc.
      NCSoft: Guild Wars 2 User Agreement
       
    9. buzzerbeater

      buzzerbeater Well-Known Member

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      They are getting sued while we speak, so nothing to worry about.

      Blizzard does scan your ram in the way it is allowed to which means only the part where wow is located .
       
    10. thatwouldbestealing

      thatwouldbestealing Member

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      Hi buzzerbeater,

      I don't see Blizzard being sued regards to their Terms of Use, unless you know otherwise?
       
    11. buzzerbeater

      buzzerbeater Well-Known Member

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      Bossland GmbH
      Sure I do.
      Bossland GmbH

      Bossland vs blizzard @munich.
       
    12. thatwouldbestealing

      thatwouldbestealing Member

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      Hi,

      As I understand it the scanning of RAM and CPU processes is not contested as illegal -but Blizzard's assignation of the EULA/ToU was a misappropriation given that customers did not agree to either at the point of purchase.

      Well, go Bossland GmbH, I wish them every success in recompense and bringing down Blizzard's ToU -particularly the CPU/RAM scan!
       

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