Concerns about the TOU

[Yoshimiko]

1. This is pretty standard across most MMO's.

2. This is hardware monitoring, not software monitoring. I see nowhere that indicates that it will scan the software and files on a drive, but rather the hardware and its interaction with the game.

Ah, Thanks for the Clarity. I assumed
"(i) CHANGING ANY PORTION OF THE SERVICE, CONTENT OR SOFTWARE;" was refering to your software.

[Azuri]

Yeah isn't this similar to what WoW uses called the Warden or something to that affect? Idk been awhile since I've followed WoW's policies but seems like you're standard jargon to me.

[I-Thalos-I]

Since I've been banned, I've been looking through the ToU, and I've found a bit...well incredibly concerning.

(d) NCSOFT HAS THE RIGHT, BUT NO OBLIGATION, TO MONITOR OPERATION OF ANY SERVICE, CONTENT OR SOFTWARE AT ANY TIME AND IN ANY MATTER, INCLUDING BUT NOT LIMITED TO MONITORING COMMUNICATIONS AND COMMUNICATIONS INTERFACES, STORAGE DEVICES, RANDOM ACCESS MEMORY OR CPU PROCESSES RELATED TO HARDWARE YOU USE WITH THE GAME. SUCH MONITORING MAY ALSO INCLUDE, BUT IS NOT LIMITED TO, MONITORING FOR THE PURPOSES OF DETECTING SOFTWARE UNDER SECTION 8(c) or 8(e). YOU CONSENT TO THE FOREGOING MONITORING AND ACKNOWLEDGE THAT NCSOFT MAY, AT ANY TIME, AND IN ANY MANNER, COMMUNICATE ANY INFORMATION BETWEEN HARDWARE YOU USE WITH THE GAME AND ANY MECHANISM NCSOFT MAY CHOOSE FOR SUCH COMMUNICATIONS. YOU ALSO ACKNOWLEDGE THAT AS A RESULT OF SUCH MONITORING NCSOFT MAY IN ITS SOLE AND ABSOLUTE DISCRETION TAKE ANY ACTION, OR NO ACTION WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

(i) CHANGING ANY PORTION OF THE SERVICE, CONTENT OR SOFTWARE;
(ii) SEEKING RECOURSE AGAINST YOU BY WAY OF ANY PROCEEDING NCSOFT DEEMS APPROPRIATE UNDER THE CIRCUMSTANCES; AND/OR
(iii) DETERMINING THAT YOU ARE NOT IN COMPLIANCE WITH ALL PROVISIONS OF THIS AGREEMENT AND TERMINATING YOUR ACCOUNT UNDER SECTION 3(b) OR SECTION 3(c). NCSOFT HAS THE RIGHT, BUT NO OBLIGATION, TO PROVIDE YOU WITH NOTICE BEFORE SUCH TERMINATION.

Translated in "normal" and without CAPS:

NCSoft has the right to check your PC for any third party software you may run that gives you an unfair advantage over someone else. NCSoft has also the right to monitor your communication (chatlogs) within the game in order to investigate abuse towards other players. (Harassment/Scams). You hereby agree that NCSoft is allowed to scan your PC for "BOTs" which is done by our "Super-X-Scan3000-Warden-FX" tool.

Resulting from the above here some examples:

(i) We will block any access of the Bot to the game so your game wont start if we are able to detect that it's installed and you will have to download every Patch that is needed for that
(ii) We will suspend your account if we find abuse or bots
(iii) We may even fully ban your account and we do not have to give you notice

[Vexies]

And the old cool is having swarms of GW2 hypers/players go into WoW threads and derail them

WoW fans / x WoW fans do a pretty good job of that already. Dont even kid yourself that its limited to anyone game.

[DrakeWurrum]

Ah, Thanks for the Clarity. I assumed
"(i) CHANGING ANY PORTION OF THE SERVICE, CONTENT OR SOFTWARE;" was refering to your software.

If you scroll up to the top of the ToU, it should specify exactly what it's referring to with the phrase "the software" somewhere in the earlier paragraphs.

[Yoshimiko]

If you scroll up to the top of the ToU, it should specify exactly what it's referring to with the phrase "the software" somewhere in the earlier paragraphs.

Aha, I see it now. Thanks for the clarifications, guys.

[VibrantViolet]

Nothing new. If you don't like it, better uninstall any MMO you have on your computer, because they all have the same thing in their EULA/TOS agreements, just worded differently.

[RoninaThorstone]

Since I've been banned, I've been looking through the ToU, and I've found a bit...well incredibly concerning.

(d) NCSOFT HAS THE RIGHT, BUT NO OBLIGATION, TO MONITOR OPERATION OF ANY SERVICE, CONTENT OR SOFTWARE AT ANY TIME AND IN ANY MATTER, INCLUDING BUT NOT LIMITED TO MONITORING COMMUNICATIONS AND COMMUNICATIONS INTERFACES, STORAGE DEVICES, RANDOM ACCESS MEMORY OR CPU PROCESSES RELATED TO HARDWARE YOU USE WITH THE GAME. SUCH MONITORING MAY ALSO INCLUDE, BUT IS NOT LIMITED TO, MONITORING FOR THE PURPOSES OF DETECTING SOFTWARE UNDER SECTION 8(c) or 8(e). YOU CONSENT TO THE FOREGOING MONITORING AND ACKNOWLEDGE THAT NCSOFT MAY, AT ANY TIME, AND IN ANY MANNER, COMMUNICATE ANY INFORMATION BETWEEN HARDWARE YOU USE WITH THE GAME AND ANY MECHANISM NCSOFT MAY CHOOSE FOR SUCH COMMUNICATIONS. YOU ALSO ACKNOWLEDGE THAT AS A RESULT OF SUCH MONITORING NCSOFT MAY IN ITS SOLE AND ABSOLUTE DISCRETION TAKE ANY ACTION, OR NO ACTION WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

(i) CHANGING ANY PORTION OF THE SERVICE, CONTENT OR SOFTWARE;
(ii) SEEKING RECOURSE AGAINST YOU BY WAY OF ANY PROCEEDING NCSOFT DEEMS APPROPRIATE UNDER THE CIRCUMSTANCES; AND/OR
(iii) DETERMINING THAT YOU ARE NOT IN COMPLIANCE WITH ALL PROVISIONS OF THIS AGREEMENT AND TERMINATING YOUR ACCOUNT UNDER SECTION 3(b) OR SECTION 3(c). NCSOFT HAS THE RIGHT, BUT NO OBLIGATION, TO PROVIDE YOU WITH NOTICE BEFORE SUCH TERMINATION.


For those who don't want to read through it all(it was poorly written - and in all caps lock), it essentially states that they can, for any reason, watch, read, and alter anything on your computer - attached to your computer, etc. even if you do not have the game running.

Am I reading this right? Is this legal..? Can you really, just because of playing a game, be watched at all times, giving someone else full power of your account?

Arenanet is watching you watch porn.