Account Shareing Bannable?

catshop177

http://www.arcgames.com/en/about/terms

I heard one of my friend got banned for account share. But we don't know that for sure.
I read the ToS, I found nothing listed there saying it is ban able offense. Only thing I found was PWE not responsible for violence occurring on shared account.
Any clarification by mods?

DEMHEALSMAN - Dreamweaver

Read 4.7:

ToS 4.7: wrote:

Your Account may only to be used by you. We are not responsible for any misuse of your Account or your User ID, you agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse use of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.

catshop177

DEMHEALSMAN - Dreamweaver wrote: »

Read 4.7:

It says nothing about it being a ban able offense, just they are not responsible for misuse of an account that is willingly shared...

DEMHEALSMAN - Dreamweaver

catshop177 wrote: »

It says nothing about it being a ban able offense, just they are not responsible for misuse of an account that is willingly shared...

You are interpretating it incorrectly.

Your Account may only to be used by you.
Means you agree that only YOU will use it, no one else.

We are not responsible for any misuse of your Account or your User ID,
Means PWE is not responsible if your account is shared or abused in any way

you agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse use of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.
Means that part of the risk of sharing your account is that it gets banned by PWE, you're agreeing to that risk by creating the account and then sharing it

And if that's not enough, the terms also state that (well this is what it boils down to) they can terminate (or ban) your account for no reason at all:

ToS 4.12: wrote:

Please note that regardless of any notice, we reserve the right to discontinue the Service or to terminate or suspend your Account at any time in our sole discretion, for any reason, or for no reason.

catshop177

DEMHEALSMAN - Dreamweaver wrote: »

You are interpretating it incorrectly.

Your Account may only to be used by you.
Means you agree that only YOU will use it, no one else.

We are not responsible for any misuse of your Account or your User ID,
Means PWE is not responsible if your account is shared or abused in any way

you agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse use of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.
Means that part of the risk of sharing your account is that it gets banned by PWE, you're agreeing to that risk by creating the account and then sharing it

And if that's not enough, the terms also state that (well this is what it boils down to) they can terminate (or ban) your account for no reason at all.

1. Not (Should or Must).

2. Agreed, but says nothing about it being ban able. (More like if some illegal activities occur they will then ban you so it is your responsibility)

3. Self-Explainatory

DEMHEALSMAN - Dreamweaver

catshop177 wrote: »

1. Not (Should or Must).
You are misunderstanding the context of the word may, in this case it does mean "must", i'm not sure how I can explain this more accurately, but may in this context means only you may use it.

2. Agreed, but says nothing about it being ban able.
Well, I was just pointing out PWE is not responsible

3. Self-Explainatory
Misunderstanding again:
you agree to accept all risks of misuse of
and unauthorized access to your Account

are 2 different things, unauthorized access to your account = sharing account, which is pointed out in point 1.

In the end it just comes down to that ONE OF THE RISKS of account sharing = getting banned by PWI, they don't have to describe the risks.
Another risk = losing your stuff because the person you share it with took it.

Regardless, ToS 4.12 covers it anyway, since they may ban for no reason.

XXHotXx - Morai

I've to pretty much state that account sharing is basically a common practice nowadays,

while sharing is not banned anymore, especially if the account has lots of C$

"excessive" account sharing can still lead to a permanent ban


actually they cannot ban an account for no reason, especially if heavy C$ing is involved, cause that could lead to severe litigations

there is a huge gap\vacuity in the ToS contract (at least for the "European" laws) the term of "we are at anytime authorized to shut down the service we are providing to you" it is clearly a vexatious clause,
this kind of clauses in Europe require a specific form\deed that is not fullfilled by the current ToS "contract"

and in case of a litigation that could clearly lead to a full cash refund + eventualy an indemnification

SylenThunder - Twilight Temple

XXHotXx - Morai wrote: »

...
actually they cannot ban an account for no reason, especially if heavy C$ing is involved, cause that could lead to severe litigations

there is a huge gap\vacuity in the ToS contract (at least for the "European" laws) the term of "we are at anytime authorized to shut down the service we are providing to you" it is clearly a vexatious clause,
this kind of clauses in Europe require a specific form\deed that is not fullfilled by the current ToS "contract"

and in case of a litigation that could clearly lead to a full cash refund + eventualy an indemnification

Actually, they can ban an account for no reason. The way the ToS is worded states so very specifically.
It also basically states that they can shut down the servers completely at any point in time, never bring them back up, and they won't owe you a penny.

Referencing Europe is pointless because the ToS is based in the US, and would hold to the standards in the US. The name "Perfect World International" is a misnomer, which is repeatedly endorsed by their catering primarily to pacific coast time zone for events.

Also, remember, that you agreed to the ToS in the manner it is worded, when you created your account. Your mis-interpretation of it won't hold up in a court.

opkossy

It is bannable. Just because the quoted section of the ToS doesn't say "If you account share we'll ban you" doesn't nullify the fact that it's a bannable offense. Even if it's a somewhat common practice, if they catch you and want to ban you for it then you'll be banned for it and will have no excuse as it's something you shouldn't be doing to begin with. End of story.

ovenusarmanio

may v. a choice to act or not, or a promise of a possibility, as distinguished from "shall" which makes it imperative. 2) in statutes, and sometimes in contracts, the word "may" must be read in context to determine if it means an act is optional or mandatory, for it may be an imperative. The same careful analysis must be made of the word "shall." Non-lawyers tend to see the word "may" and think they have a choice or are excused from complying with some statutory provision or regulation. (See: shall)

Just to add, the word "may" in a contract doesn't mean it's necessarily optional. Be careful of assuming that when signing any contract. It could very easily still be mandatory. This is the case for PWI, account sharing is a bannable offense.