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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99493
Experience:  Lawyer
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This question has to do with an online game. I've spent a

Customer Question

This question has to do with an online game. I've spent a lot of money on this game and they have banned me for sharing my account. Nowhere in this game's Terms of Serivce does it say you get permanently banned for account sharing, it just says that you are responsible for your own account.
4. Account
4.1You may be required to create an account (an “Account”) to access our Service and to use certain features and functions of our Service.
4.2You must be 13 years of age or older to create an Account. If you are 13 or over, but are under the legal age to enter into a contract in the jurisdiction you reside in (“Legal Age”) and/or under 18 years of age, we require that you review these Terms with your parents or (legal) guardian to ensure they read and agree to them. If you are the parent or (legal) guardian of a user of our Website, Games and/or Service and you have questions about the Terms, please contact us at***@******.***.
4.3By creating an Account or otherwise using the Service, you represent that you are of Legal Age or at least age 18 and agree to these Terms, or that you are over 13 years of age and your parents or legal guardian have read and agreed to these Terms, and you understand and agree that we are relying upon that representation in allowing you to use the Service.
4.4Notwithstanding the above, certain portions of our Service may contain mature contents not suitable for anyone younger than the Legal Age or 18 years of age. We will require that you confirm that you are of Legal Age or 18 years of age or older to access such content. If you enter any portion of the Service which is intended for or is marked for mature audiences only, you are certifying that you are of Legal Age or at least 18 years old and have the legal right to access such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
4.5When creating an Account and a user identity (“User ID”) you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the “Account Information”) and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.
4.6You, as creator of your Account and User ID, are solely responsible for your User ID. We will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID, with or without notice.
4.7Your Account may only to be used by you. We are not responsible for any misuse of your Account or your User ID, you agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse use of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.
4.8Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password ***** all times, and you agree to notify us if your password ***** ***** stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account, and we are not responsible for any misuse use of your account, including without limitation in the event that your password ***** ***** or revealed to a third party and/or used for transactions. You agree to immediately notify us of any misuse use of your Account or any other breach of security in relation to the Service known to you. We provide you with choice to change your password ***** order to safeguard your Account.
4.9Your Account may be terminated if you do not use your Account within twelve months after the date that it was created or for any continuous period of twelve months. If you do not use your Account for any continuous period of twelve or more months, it may be terminated by us at our sole discretion.
4.10 We will endeavour to notify you by email before we terminate your Account, unless we are terminating, deactivating or deleting your Account or User ID for a violation of these Terms or discontinuation of the Service. However, we will not be liable in any manner for any failure to give notice. If you advise us within five days of the notice that you want to keep your Account active, we will not terminate it. If you do not so notify us, your Account will be terminated and may be permanently deleted, along with your User ID, records, ranks and service information.
4.11Termination of your Account also entails the termination of the license to use the Service and Proprietary Materials, or any part thereof.
4.12Please note that regardless of any notice, we reserve the right to discontinue the Service or to terminate or suspend your Account at any time in our sole discretion, for any reason, or for no reason.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear this.

Did the other person do something abusive?

Customer: replied 1 year ago.
Basically they banned the account for a rule that I did not Break. In their terms of service it says that "you are responsible for your own account" nowhere does it day you will be permanently banned for sharing account. So yes I would take this as a power abuse cause I did nothing wrong. I pasted the whole terms of service in my first question
Expert:  Debra replied 1 year ago.

But what I was asking is whether the person you shared the account with could have done something wrong, even though you did not.

Where are they located?

Customer: replied 1 year ago.
No the other person didn't do anything wrong. This company is located in California
Expert:  Debra replied 1 year ago.

It is not going to be feasible for you to sue them as they are too far away and are in the US and it will cost way too much.

But you can send them a letter by Registered Mail, demanding that they adhere to the terms of their agreement, understand that you did not breach any rules and that they must open your account or you will seek a court order. You cannot really get the order but the threat may work.

If this is vitally important to you then and even better approach is to pay a lawyer in your city a small fee to send them the letter. It will likely cost a couple of hundred dollars but the letter will hold much more weight then.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

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