http://community.eveonline.com/pnp/eula.asp Source, cited.

All I did was go there and used my browser to search for the string "harass" Then I backed up to the top and started reading.


You may encounter and converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language while playing the Game. You may report any instances of such behavior to CCP. CCP will investigate and take such measures as CCP, in its sole judgment, determines are reasonable under the circumstances. CCP does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk associated with playing the Game, and CCP assumes no responsibility for the conduct of any other players, and shall not be liable to you or any other person for their conduct.

So the big thing that's here that may be valid is this bit:

You may report any instances of such behavior to CCP. CCP will investigate and take such measures as CCP, in its sole judgment, determines are reasonable under the circumstances. CCP does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening or harassing.


This gives them a lot of flexibility but the thing is. The scope of the EULA doesn't extend outside the game.

As you can see at the top. Where it clearly outlines what it covers.

This End User License Agreement ("EULA") describes the terms and conditions under which you may (i) install and use the Software; and (ii) subscribe to, access and use EVE online. CCP may amend this EULA from time to time by posting an amended version at http://www.eveonline.com/pnp/eula.asp. If you accept this EULA, the then-current version of this EULA shall apply each time you access the System or play EVE.

This is the section on ban/suspension.

B. By CCP for Breach or Misconduct

i. Suspension of Account
Without limiting CCP's rights or remedies, CCP may immediately, and without notice, discontinue or suspend access to the System through your Account, and any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the discontinued or suspended Account, in the event of (i) a breach of the EULA (including the Rules of Conduct) by you or any user under your Account; or (ii) unauthorized access to the System or use of the Game by you or any user under your Account.

ii. Termination of EULA
CCP may terminate the EULA, close all your Accounts, and cancel all rights granted to you under the EULA if: (i) you fail to pay the subscription fee when due; (ii) CCP is unable to verify or authenticate any information you provide; (iii) you or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the System or Software, or infringes the rights of CCP or any third party; or (iv) CCP becomes aware of game play, chat or player activity under your Account that is, in CCP's discretion, inappropriate or in violation of the Rules of Conduct. Such termination shall be effective upon notice transmitted via electronic mail, or any other means reasonably calculated to reach you.
CCP reserves the right to terminate any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the closed Account. Termination by CCP under this section shall be without prejudice to or waiver of any and all of CCP's other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not receive a refund of prepaid subscription fees for a termination pursuant to this section.

After reading all this I find it really interesting CCP thinks they can ban people for stuff they do at fanfest. Unless there is some other agreement you sign when you goto fanfest or join the CSM it's kind of all here in black and white. Not really ok if their own EULA is conveniently extended as they see fit.

CCP can also terminate your account at anytime they see fit for any reason because they own it. Source NOT cited because I'm lazy and watching Anime.

you have the biggest man crush on me ever

CCP can also terminate your account at anytime they see fit for any reason because they own it. Source NOT cited because I'm lazy and watching Anime.

On the other hand the EULA has no legal validity whatsoever whereas the fact that I'm paying for a provided virtual product has. And it is generally known that anyone who has actually acted upon their bans with legal claims in the majority of the cases actually won it.

Yeah people love to say that about EULAs but its not actually true. If they can't show cause and separate you from your purchased license. It's theft. That's why there is a bit at the bottom that talks about court jurisdictions for disputes.

The scope of the EULA doesn't extend outside the game.

Yeah people love to say that about EULAs but its not actually true. If they can't show cause and separate you from your purchased license. It's theft. That's why there is a bit at the bottom that talks about court jurisdictions for disputes.

CCP may, in its sole discretion, cease to provide any or all of the services offered in connection with EVE (including access to the System and any or all features or components of the Game), terminate the EULA, close all Accounts and cancel all of the rights granted to you under the EULA.

its sole discretion

SUCH TERMINATION WILL NOT ENTITLE YOU TO A REFUND OF ANY FEES PAID BY YOU FOR THE USE OF THE EVE ONLINE CLIENT, SERVERS OR WEB SITE. YOU WILL FORFEIT ANY UNUSED GAME TIME REMAINING AT THE TIME OF TERMINATION.

while I think its sad to see Mittens go, take a read of the Terms of Service

Check mate.

Ok. No. Not check mate. Saying wrong a lot doesn't make you right.

All those clauses mean is that CCP can ACT on it's sole discretion and IF their termination of service is conducted in such a way that it follows the rules outlined in the EULA then you don't get a refund. EULAs are not laws, they are contracts.

I can write a EULA for my game that says if you cheat I can kick you in the nuts, ban your account and not offer a refund. Guess what, if I did that you could press criminal charges and they'd stick. Doubly so if you didn't really cheat.

If they exercise their discretion and act in a way that is not covered, the clause you quoted is not valid.

people love to say that about EULAs but its not actually true.

You are correct, however that is off topic to the point you were wrong about:


Because well.. it's true.

Edit: Oh and it's not theft

25. CCP reserves the right to close, temporarily or permanently, any userGÇÖs account without advance notice as we deem necessary. Furthermore, we reserve the right to delete all user accounts or inventory of characters as warranted.

26. We reserve the right to ban any user from the game without refund or compensation.

That is NOT true at all. They don't have impunity and have to act reasonably.

They have to be able to demonstrate some degree of reasonable decision making otherwise any sane court is going to call BS on it.

show an example where somebody has been banned from a game, sued and won

while I think its sad to see Mittens go, take a read of the Terms of Service

You may not use any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language. (Alternate spelling or partial masking of such words will be reprimanded in the same manner as the actual use of such words.)

vul-+gar (vlgr)
adj.
1. Crudely indecent.
2.
a. Deficient in taste, delicacy, or refinement.
b. Marked by a lack of good breeding; boorish. See Synonyms at common.
c. Offensively excessive in self-display or expenditure; ostentatious: the huge vulgar houses and cars of the newly rich.
3. Spoken by or expressed in language spoken by the common people; vernacular: the technical and vulgar names for an animal species.
4. Of or associated with the great masses of people; common.

But cudos to CCPs lawlers for making rules CCP can never enforce but gives them freedom to ban almost anyone anyone at will including most posters on the forums and myself.

Impunity? Yes they do they can ban you whenever they want.
Do they have to act reasonably or responsibly? Not at all, but they do because they wish you to keep paying money so they can support their alcoholism and the insane cost of living in Iceland.
Neither of these have to do with legality.


Tomorrow, CCP Hilmar could wake up and decide that WoD is more important than EVE and begin shutting EVE down. Is that reasonable decision making? No, but they can do it and it has nothing to do with the court system. Period.

That did not even take any effort. They just put down paragraphs that say they can do it. And not just almost anyone, but anyone. They don't even have to give you a reason, if they don't want to.

But the writing of -º2 in ToS is so broad and general that I am sure they don't even want to enforce it. What would EVE be like if everyone that used vulgar language was banned?

If they want to protect themselves from liability they absolutely have to act reasonably. EULAs are NOT law. They do not have ultimate authority. They can write up anything they want but if they act on their EULA in an unreasonable way they're potentially liable.

That is not the point. I know they can ban anyone without reason. It is in the -º26 in ToS and I am fine with that.

But the writing of -º2 in ToS is so broad and general that I am sure they don't even want to enforce it. What would EVE be like if everyone that used vulgar language was banned? That just stupid lawlers and CCP could do better than that.