Originally Posted by
Nevski
Under certain circumstances, this clause would be subject to the same kind of scrutiny as the clause I'm wanting to talk about. So I don't want to get into it because it is not the focal point of post. But to briefly touch on it and hope it doesn't spin out of control, one hypothetical situation that might arise would give a Plaintiff an argument that would go something like:
The termination clause is unenforceable because it is unconscionable. It is unconscionable because I have been playing with all of my friends happily for years and years and everyone on my server knows me and they all love me. I have not done anything wrong and Blizzard has not said I did anything wrong. They just terminated my account willy nilly. I did not have bargaining parity with Blizzard in agreeing to their EULA, so the clause should be harshly construed against them in this analysis. In turn, Blizzard has to provide a reasonable cause—rather than no cause or a bad cause—for terminating my account.
(If you really wanted to make it juicy, imagine some disabled person whose only "life" is in WoW, and their account was terminated without cause despite using the same account and character for over 5 years)