I appreciate your candour but it's actually not quite as simple as thatOriginally Posted by 'Vyndree',index.php?page=Thread&postID=89711#post8 9711
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Basicly, what I was trying to do was to establish knowledge on Blizzards part so they could choose to ban me right here and now or let me play, to some degree constituting sort of a tacit agreement (I'm not sure if "tacit" is the right term). Allow me to give an example: Under other circumstances, assume that I buy a bicycle agreeing before the time of purchase that should I use it to drive on dirt roads I will forfeit my warranty (this would be conflicting with consumer law in most civil law countries, but for the sake of the argument...).
Now, suppose that I used it to drive on dirt roads anyway and while doing so run in to the store clerk/owner/mechanic who sees me and see me riding the bike on the dirt road. Due to our original agreement he may now choose not to repair my bike under the warranty should it break, but if he does chooses to fix under the warranty, knowing I rode it on the dirt road, he won't be able to refuse fixing it under warranty the next time it breaks (you could probably argue that he didn't have to if the next break-down was due to riding on a dirt road, but that's another matter). This could apply to the situation on hand.
Of course all this doesn't really matter since I would never ever dispute Blizzards decision in a court of law, but my point is that the case isn't as clear cut as you suggest (mind you that being a citizen in a EU country and being a consumer in legal terms would mean that the applicable law on the contract would be the law of the consumers country of residence). I never asked anyone (but blizzard) to promise that I wouldn't get banned - I simply shared the information I had and the case with the multiboxing community.
Can blizzard promise that my previous breach of the rules won't get me banned? Of course they can. Will they? Hardly. Keep in mind that I'm not actively breaking the rules - I did it when creating my account and possibly up until I explained the situation to Blizzards customer service by withholding the information that I had breached the rules. I'm not asking them to promise that breaking the rules won't get me banned, but rather that my previous breach of the rules that they're now aware of won't get me banned in the future. Of course they don't have to give that promise to me and they probably won't, but that's not really the point.
So yes, the CS team is avoiding the question as they didn't answer it. While the rules are stated in the eula/tos/etc that is simply a starting point for the evaluation. Were I a CS-representative I certainly wouldn't answer the question either, but again, that's not the point.
Yeah, breaking the rules can get you banned, in fact (well, in theory), not breaking the rules can get you banned as well ("BLIZZARD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE ACCOUNT AT ANY TIME WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE") - the real question is whether my original breach WILL get me banned. Should Blizzard chose not to provide this information (as I expect them not to) I WILL create new accounts and level up more huggable shammies (in fact I already purchased the accounts).
Anyway, I digress - my point is that in contractual terms, letting the information I provided to blizzard (twice) "slide" actually could mean (in theory, since I wouldn't dispute a ban) that they would have to let it slide tomorrow, next month or next year![]()
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