Do A GoA Have The Right To Bannd My Account
- Thread starter GimmlyTheDorf
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Can GoA ban your account? Yes.
Can they do so in accordance with the Terms & Conditions? Yes
Will GoA say that it is legal? Yes.
Is it legal? Maybe, maybe not. I am not aware of this having been tested.
Ignoring the fact that the law varies from country to country and how it is interpreted in different courts also varies here are a few - real - examples:
Easy one first: You buy a car from a used car from a dealer, turns out to be the fuel tank blows up. You signed lots of paperwork saying you were buying the car as is. Dealer position: we just sell it. Company position: act of god etc. Legal: no. Both the supplier and the dealer are liable.
Another: You buy a shirt from a shop, you put it on and shortly afterwards come out in blisters. Sign in the store says all sales are final, goods sold as seen. Shops position not liable and if anyone was to blame it was their supplier (for not washing the residual bleach used out). Legal: no. Shop liable: yes.
You buy a (BMG) music CD and 'discover' is has some anti-piracy stuff on it. Small print on back refers. (so you cannot put it on your iPod etc say whatever)
Terms and conditions accepted by opening CD: yes say the company.
Company position: 100% legal.
actually legal: recent court case says not. (In France and by extension in the rest of Europe).
As i said these are real and a central theme is that of a Duty of Care (you have a reasonable expectation of service). Product Liability and Disclosure may feature as well and then you may get into Privacy issues as well.
So can GoA ban someone - yes. ToCs - yes. Legal - probably unproven. Can evidence from 'outside' the game be used? Requiel's post suggests not but secondary evidence may be admissable. (Classic example is many drunk driving cases).
By way of closure when GoA say its not their fault that 'you' keep crashing; it must be your ISP; its outside the ToCs ...... are they fulfilling the 'reasonable expectation of care' that you have?
Can they do so in accordance with the Terms & Conditions? Yes
Will GoA say that it is legal? Yes.
Is it legal? Maybe, maybe not. I am not aware of this having been tested.
Ignoring the fact that the law varies from country to country and how it is interpreted in different courts also varies here are a few - real - examples:
Easy one first: You buy a car from a used car from a dealer, turns out to be the fuel tank blows up. You signed lots of paperwork saying you were buying the car as is. Dealer position: we just sell it. Company position: act of god etc. Legal: no. Both the supplier and the dealer are liable.
Another: You buy a shirt from a shop, you put it on and shortly afterwards come out in blisters. Sign in the store says all sales are final, goods sold as seen. Shops position not liable and if anyone was to blame it was their supplier (for not washing the residual bleach used out). Legal: no. Shop liable: yes.
You buy a (BMG) music CD and 'discover' is has some anti-piracy stuff on it. Small print on back refers. (so you cannot put it on your iPod etc say whatever)
Terms and conditions accepted by opening CD: yes say the company.
Company position: 100% legal.
actually legal: recent court case says not. (In France and by extension in the rest of Europe).
As i said these are real and a central theme is that of a Duty of Care (you have a reasonable expectation of service). Product Liability and Disclosure may feature as well and then you may get into Privacy issues as well.
So can GoA ban someone - yes. ToCs - yes. Legal - probably unproven. Can evidence from 'outside' the game be used? Requiel's post suggests not but secondary evidence may be admissable. (Classic example is many drunk driving cases).
By way of closure when GoA say its not their fault that 'you' keep crashing; it must be your ISP; its outside the ToCs ...... are they fulfilling the 'reasonable expectation of care' that you have?
old.Tohtori
FH is my second home
- Joined
- Jan 23, 2004
- Messages
- 45,210
It's as simple as this:
Mods of anything can ban anyone anytime even if its just a "bad day".
They don't need proof, they don't need a reason, they probably won't do it unless there is proof and so it has worked from eons.
Get over it.
Got to make a massive one day and make whining bannable...grr...
In a Seelist nutshell:
If it's in the CoCk, suck on it.
Mods of anything can ban anyone anytime even if its just a "bad day".
They don't need proof, they don't need a reason, they probably won't do it unless there is proof and so it has worked from eons.
Get over it.
Got to make a massive one day and make whining bannable...grr...
In a Seelist nutshell:
If it's in the CoCk, suck on it.
xxManiacxx
Can't get enough of FH
- Joined
- Jan 25, 2004
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- 3,042
I am gone for 1 evening and look what happens 
old.Tohtori
FH is my second home
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- Jan 23, 2004
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- 45,210
Alithiel said:
Rename if Gandalf TheGay.
Flimgoblin
It's my birthday today!
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- Dec 24, 2003
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- 8,324
pure comedy 
old.Tohtori
FH is my second home
- Joined
- Jan 23, 2004
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- 45,210
Thorwyn[B&Q] said:
Where human stupidity ends, i begin.
No wait...
skunksmoka
Fledgling Freddie
- Joined
- May 27, 2004
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- 186
Saw a Theurgist called 'Gadalf TheWhite' on Excal the other day... also worthy of a ban, or at least a renaming, imo![/QUOTE]
that is 1 dodgy guy suspected radar
that is 1 dodgy guy suspected radar
old.Tohtori
FH is my second home
- Joined
- Jan 23, 2004
- Messages
- 45,210
To keep up my new trend:
Can i be banned from DAoC even if i don't play?
Can i be banned from DAoC even if i don't play?
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