One day exception

[Deleted]

I was just wondering, a about a week ago, blizzards realms were down for 24 hours, and the week before that, there were more then 6 hours extended maintence. I just looked into my payment history and I just thinkg it's very odd that we don't get a one day exception from blizzard cause of it.

What do you guys think? Or is there anyone who's actually gotten it?

[tobimarsh]

terms you agree to say that you will not get extra time due to maintenance or extended for that matter

[Underskilled]

There's a reason blizz hides info like that in the TOS, technically they just shut the servers down for a week, and you'd still be paying for that week.

[Manashne]

you also agreed that you will not sue them for losses due to acts of god

[blahism]

you also agreed that you will not sue them for losses due to acts of god

I always wonder how they can legally bind someone to something like that. What exactly is an act of god?

[Deleted]

I always wonder how they can legally bind someone to something like that. What exactly is an act of god?

http://www.duhaime.org/legaldictionary/a/actofgod.aspx

[Muraza]

Someone always brings this up every maintenance, go outside or something and enjoy your day. Maybe they should compensate you for all the days you sat in the game once you realize the game is a waste of time.

[dddmaster]

I always wonder how they can legally bind someone to something like that. What exactly is an act of god?

hdd struck by lightening

[Nazdreg]

In the past they have given time for down servers, but usually if the servers go down as a result of some crazy thing. Like my server, it crashed for like 4 days when the game went live, and once some time after that. They compensated us for the time. But for scheduled maint, I doubt it unless it's an unusual reason.

[blahism]

hdd struck by lightening

That still isn't an act of god. Thats a static discharge

BTW, i haven't seen a 24 hour refund since 3 days after WOTLK went live when WG battles used to take down entire realms.

---------- Post added 2010-07-13 at 09:36 AM ----------

http://www.duhaime.org/legaldictionary/a/actofgod.aspx

wow, very good link! thanks!

[Deleted]

there was a discussion on acts of god on the official forums a while ago.

basically, an act of god is a natural disaster which neither party could have foreseen, predicted, stopped or even prepared for. example, say that the main island of hawai erupts and 90% of the east side of the island drops into sea, creating a tsunami that sweeps away the blizzard building. or presume yellowstone erupts and the entire west coast of America is swept away. both would be acts of god and in neither case, Blizzard would need to repay.

you probably think now: "hey, but that means that if it is not natural cause related, then i can keep blizzard liable for it!". well, no. these are the ToU, specifically the addition:

17.9 Force Majeure. Blizzard shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blizzard, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Blizzard's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

so, to explain each thing:
acts of god were explained.
war: if america would get a new civil war, you're done for.
terrorism: if a car bomb would detonate outside the server building, resulting in a total destruction of all data.
embargoes: if the government of your country forbids the import of any american game.
riot: if there would be a public uprising and the server building is set on fire.
acts of civil or military authorities: if blizzard would be shut down by the police or the army.
fire, floods, accident, strike: self explanatory.
shortages: well, they can't keep servers running if the power is unavailable for it.

[Mcchikn]

there was a discussion on acts of god on the official forums a while ago.

basically, an act of god is a natural disaster which neither party could have foreseen, predicted, stopped or even prepared for. example, say that the main island of hawai erupts and 90% of the east side of the island drops into sea, creating a tsunami that sweeps away the blizzard building. or presume yellowstone erupts and the entire west coast of America is swept away. both would be acts of god and in neither case, Blizzard would need to repay.

you probably think now: "hey, but that means that if it is not natural cause related, then i can keep blizzard liable for it!". well, no. these are the ToU, specifically the addition:

17.9 Force Majeure. Blizzard shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blizzard, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Blizzard's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

so, to explain each thing:
acts of god were explained.
war: if america would get a new civil war, you're done for.
terrorism: if a car bomb would detonate outside the server building, resulting in a total destruction of all data.
embargoes: if the government of your country forbids the import of any american game.
riot: if there would be a public uprising and the server building is set on fire.
acts of civil or military authorities: if blizzard would be shut down by the police or the army.
fire, floods, accident, strike: self explanatory.
shortages: well, they can't keep servers running if the power is unavailable for it.

^he wins

[blahism]

there was a discussion on acts of god on the official forums a while ago.

basically, an act of god is a natural disaster which neither party could have foreseen, predicted, stopped or even prepared for. example, say that the main island of hawai erupts and 90% of the east side of the island drops into sea, creating a tsunami that sweeps away the blizzard building. or presume yellowstone erupts and the entire west coast of America is swept away. both would be acts of god and in neither case, Blizzard would need to repay.

you probably think now: "hey, but that means that if it is not natural cause related, then i can keep blizzard liable for it!". well, no. these are the ToU, specifically the addition:

I think for a "legal" document they should remove any reference to "god" and say "acts of nature". Its hard to take the TOS seriously if it makes you legally bound to ones inference of god (especially if you don't have a belief in god)

[Deleted]

I think for a "legal" document they should remove any reference to "god" and say "acts of nature". Its hard to take the TOS seriously if it makes you legally bound to ones inference of god (especially if you don't have a belief in god)

act of god is the official law term. for the document to be in order legally, you need to use the correct terms and writing style. because really, if the document isn't according to the law, you can say that it could be interpreted differently. if so, there could be an opening for someone who might be able to form a precedent, allowing blizzard to potentially lose a lot of cash.

also, something i forgot to mention, if the natural disaster was caused by humans (like, say someone dropped a bomb into yellowstone, causing it to blow), then it's not anymore an act of god, then it's something else (probably terrorism).

[blahism]

act of god is the official law term. for the document to be in order legally, you need to use the correct terms and writing style. because really, if the document isn't according to the law, you can say that it could be interpreted differently. if so, there could be an opening for someone who might be able to form a precedent, allowing blizzard to potentially lose a lot of cash.

also, something i forgot to mention, if the natural disaster was caused by humans (like, say someone dropped a bomb into yellowstone, causing it to blow), then it's not anymore an act of god, then it's something else (probably terrorism).

The correct phrasing would be "An event which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever."

Perhaps we should campaign to remove "Acts of god" from legalize.

The best quote from the link provided above describes it best.

"The phrase act of God, in the sense in which it is interpreted in the legal and commercial world, did not have its genesis in the law. It emerged from the chrysalis of the primitive mind groping for comprehension in the primordial misty days when man sought to adjust to the universe and he craved explanation of what to him was unexplainable.