Quote:
I've read in a number of places that, legally, the Terms of Service isn't even considered a real contract. A contract provides protection for both parties, usually, whereas the TOS/EULA seems to only offer protection for the seller. "This is what we can do. We're warning you ahead of time. Don't take us to court and act surprised."
This. Just because a company makes you sign something, does not make the document legal. It's completely true. If you think otherwise you're going a sheep who is going to get taken advantage of by companies who think they can bully you.
You're not signing a contract, you're agreeing that they're offering you a service.
Now if they change the TOS, the can only (and this is where you legally have a case) ban you for that action from that point forward because when you initially agreed to the contract, it was not originally displayed to you.
They cannot retroactively enforce a TOS they implement TODAY. This is what you can argue legally, and rather pay for the court yourself... make the claim through your credit issuer! It's not fraud, it's a claim, it doesn't mean you'll win, but you have an argument.
They offer you a guarantee of service given certain conditions you must agree to, then they take you for a couple hundred bucks, change the conditions and terminate your membership for something you did on day 1, despite you not agreeing to this on day 1.
This is the same reason if your cell phone provider makes a change to your TOS, you have the right to cancel your contract without penalty.
Now read this:
Quote:
Their are instances however when clauses in a Terms of Service contract are not legally binding, this does not automatically mean all clauses in the ToS are void and can be broken but it can mean that a possible action against a user could be proven illegal in a court of law depending on what clause the justification for said action fell under. An example of such a ToS agreement made news around the web in 2006/2007 when Marc Bragg sued virtual reality giant Linden Research and eventually settled out of court. Though this did not set a legal precedent it did show that when a ToS is a contract of adhesion it is not legally binding. One must remember that contract law is contract law no matter if it is online or off. If an online contract imposes terms which would not be legal in a paper contract than they won’t be legal in one online, this extends to your rights as a human being and your rights to possessions (rights to data are iffy at best so you better hope you get the right judge).
Now as you'll no doubt turn to arguing for that last sentence, i submit to you just that.
IT IS ARGUABLE, AND THEREFORE YOU HAVE THE RIGHT TO FILE A CLAIM
I don't know why the **** you are essentially protecting squeenix. They are doing a ridiculous disservice to their customer base, and it should be fought with any means necessary. Next you'll be telling me that if i post my registered script on a website that states "Anything poster here is the property of the owner of this website", that i just forfeited rights to my intellectual property.
It's not a perfect analogy, but you see how companies can essentially use a TOS/EULA to bully customers into not bothering to file claims?
