Just as a question, discussion or just being stupid myself but...
12) using or exploiting any bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage over other players
This is a point from the terms of service and can result in a ban if broken
However I think a design floor is being exploited in the way you release new content, namely the test server.
When you offer or give access to the test server and turn us into Beta testers for new content(cause it seems you don't have your own team of them) you give an unfair advantage over other players who don't know how to access or even that it exists to many players.
My main reason for thinking this is the auction house right now with enchantments. For a long time now set enchantments have been best in slot(radients) as this new combat and build change information has been released the cost for radeints has fell massively and the other enchantments with triple stats have went up massively as well or just not listed, this means that people who were accessing test server after the release were able to load and access the live server and take all the cheaper enchantments, either increasing the cost and selling on or are stacking waiting for the new changes to go live. Surely this is using or exploiting any bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage over other players
There are other points as well such as companions and other items(radients just an example specifically)
I personally think all testing should be done in house by the company creating and releasing this information. Everyone should be playing on a level playing field but they aren't because of the test server.
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14) take any action that disrupts the Service or that negatively affects or may prohibit other users from enjoying the Website, the Games or any other aspect of the Service.
People who don't know test server, were not online when the changes we announced.
In the past, test internal, information leaked. Some took advantage of it. Some spilled false information to take advantage of it.
In the past, a selected few were invited to participate for testing were accused of taking advantage of it. I am not saying they did that but it is not nice to be accused. In addition, information leaked.
Now, it is a fair game to everyone. The changes were announced before the preview server was available. The availability of the preview server was also announced. I did not need to go to preview server to know radiant is doomed when I read the first few sentence of the 1st post of many posts posted by the dev.
For those who are 'close' to the game, they always have some sort of advantage.
If you cannot voice what you don't like and hope it could be 'improved', players will go to the mine field with zero preparation for massive amount of bugs.
Preview "knowledge" is something that is usually shared in guilds and alliances.
There is a lot of knowledge about the games economy and how to make AD and Zen that comes from long practise. I know several whales that do indeed know what to sell in testing times without ever touching preview since for them it ruins the fun of experiencing something new. Their words, not mine...
That is the same kind of knowledge that gets shared within the game every day, just like builds, new mechanics, new events, new shortcuts of whatever kind... Remember Juma's original spot? Finding Zok?
Interaction with players imo.
Also, there is a bunch of streamers broadcasting (and getting a big part of their views through) changes on preview builds.
The market does not work in strange unpredictable ways that only a certain few have access to. But it IS first come first serve. Everybody is free to look up some videos and do some thinking if they want to outsmart other people on AH.
Or - just sit out changes like this (if you want to), wait until the storm passes and prices are at a halfway decent lvl again. Has worked fine as well.
https://www.arcgames.com/en/games/neverwinter/news/detail/11481463-neverwinter-december-stream-schedule
I've played games where there is no PTS, and bugs are rare and quickly fixed. no PWE game will ever be one of those.