Terms of Service

[LadyPhoenix]

When we sign up for our accounts, create or characters, or log into the game, we (payers) have never "agreed" to the ToS. We have never given written/specific consent to the ToS of the server. We are also not obligated to abide by it because you never show us the ToS BEFORE we create out accounts. The only place the ToS exists is on the forums. Most services that require account creationhave a check box at the bottom of the application where you check "I have read and agree to follow the ToS". In fact, there is no mention of the ToS anywhere on the www.dr-int.com web page. Technically, it means that anyone who has created an account thus far is not bound by the ToS of the server.

There is indeed a ToS agreement statement when we create a forum account but our forum and in game accounts aren't connected so the forum ToS only applies to actions we perform on the forum.

[GMNyx]

thats because forum software was made respecting laws in USA/canada

Written/specific consent is not needed. Silent agreement is in effect when you start using the service. This is why you dont leave your car parked in any unknown areas in the country where server is located (because private corporations can penalize you)

ps: of course its good practice to make sure the user cant miss the ToS

[LadyPhoenix]

Well as of right now, the ToS isn't even on the webpage (only on the forum) so it's pretty easy to mistaken the in game ToS as the forum ToS.

There is no silent agreement when players can't even find the ToS though. Of course, since you own/rent the server you can do as you please but technically, we can't be held liable for breaking the ToS because we were never informed of it.

I would suggest you (at the minimum) put a link to the ToS on the account creation page. Preferably a check box that states agreement to it. It just looks more PROFESSIONAL.

[Karvinen]

who even reads that piece of shit anyway

[GMNyx]

the reason above works is because private corporation places a plack with the "ToS". Even if it cant be seen with out looking around the parking space, contract has been made with car OWNER with no burden to proove who drove the car even. Supreme court has allowed this in at least 4 european countries even if lower courts said HELL NO

il add a check box and a link to the registration page later, because its good practice

[Enigma]

i think we should ban lp from commenting on forums

[Cupid]

I have agreed to something that I've never read.
feels like being tricked. where's the ToS for ingame account?
I would like to have a look at it before I continue playing...

[LadyPhoenix]

viewtopic.php?f=2&t=3181

That's the ToS.

DRG may also terminate your Account(s) (and access to all related properties) for violation of this Terms of Service

Funny thing is, it's called the "in-game rules" and the only place that mentions "ToS" is that one line at the bottom.

[Jarlaxle]

I consulted a law student on this situation just out of curiosity and he had this to say:

TBH, I don't know all the the laws regarding contracts, ToS, etc....

However, sometimes isn't really valid if you never read it. A lot of the time, if you don't bother reading that bullshit, they can't really hold you to it. But this is normally in different circumstances. For instance, lets say you are Sun going to the emergency room to get your appendix out before it bursts. While they are prepping you for surgery, they hand you these forms and tell you that you need to agree and sign them. Obv you are in pain and need to have surgery, so you aren't going to bother reading it, so you just sign and they wheel you away. In that instance, they can't hold you to anything you agreed to.

Courts have held that the little agreement when you open up a box of software, is binding on you. Even if you didn't read it, however. There was a case where a guy bought a gateway computer, and it came with a bunch of terms that they didn't know existed (they ordered over the phone). Upon recieving the computer, it was the responsibility of the purchaser to then review the terms. If he did not agree, then he should have returned the computer. Instead, he kept it, and later when there was a problem tried to get out of it by claiming that gateway didn't tell him of the terms when he bought it. The court said, tough shit, you should have read it afterward, and then decide if you wanted it or not. Because he KNEW there were terms, and CHOSE not to read them, is not the fault of gateway. He accepted the deal with the terms, even though the terms were not known at the time of purchase. Had he not accepted the terms, he should have returned the product.


Obv, both of these cases are not exactly the same as your situation... but without actually looking up and researching the relevant law, my guess is that the answer lies somewhere in between these cases.

[Sai]

I actually read the ToS to games I play.

Most of them come down to "we can legally ban you for any reason we want. Even if we are just in a bad mood that day. By creating an account you acknowledge and accept this."