Great input! Another post about living with the consequences, thank you for contributing. It took me 10 months to create a thread after being banned, clearly I'm crying and begging to be unbanned. No, I'm not, I've done nothing but state facts, actual evidence of what's happened and how my case is closely similar. All you've done is say the same exact thing as everyone else, your comment hasn't created a conversation, you just saw the need to be exactly as I've said, righteous. Your view point is of one who has never broken the rules somehow allowing you to stand on a moral high ground.
I don't really care about being unbanned or not, I saw an opportunity and I took it. I have made a ticket about being unbanned and mentioned how the policies have changed and was confirmed by said GM that the policies are different from when I was banned to what it is now and that they had no power to overturn such a ban but told me I was free to post it here as a suggestion. So unlike most of you who only seems to skim through and make your prejudice remarks about those who've hacked I took my time to research if this would be plausible and I've found evidence that it has happened before which gives my argument some merit. How about all of the comments so far, have they provided any evidence as to why I should just pack up my things and close up this thread? No, they've just been comments about how I should live with the consequences, I've been living perfectly fine with them for the past 10 months. The only reason I'm back is because of Fifth job but I sure as hell won't level a character to 200 just to play it, instead I found a way I could, if I got this ban overturned.
You might need a lawyer for this, but it's what I found to be the most relevant to what your attempting to do. (Link here for reference, section 8)
8. DISPUTE RESOLUTION
8.1. Disputes. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to, or arising out of, this Agreement or any policy, document or agreement incorporated herein ( “Dispute”), you and Nexon agree to first attempt to negotiate any dispute, controversy, or claim, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis, that arises out of or relates to the Dispute (except as set forth in Section 8.4 below) informally for at least thirty (30) days before initiating any arbitration or court proceeding.
Negotiations will begin upon receipt of written notice by the party bringing the Dispute. Nexon will send its notice to your billing address and email you a copy to the email address you have provided to us.
You will send your notice to Nexon at Nexon America, Inc., 222 N. Sepulveda Blvd., Suite 300, El Segundo, CA 90245, United States of America, Attn: Legal Department.
8.2 Binding Arbitration. If a Dispute cannot be resolved through negotiations, then the Dispute must be submitted to binding arbitration (except for the circumstances described in Section 8.4). Arbitration of a Dispute shall be a final and binding determination on you and Nexon. You should review this provision carefully. This arbitration provision limits your and Nexon’s ability to litigate claims in court and you and Nexon each agree to waive our respective rights to a jury trial.
The arbitration shall be commenced and conducted under the Streamlined Rules of the Judicial Arbitration and Mediation Service (the "JAMS") or, where appropriate, the JAMS International Rules, both of which are available at the JAMS website (www.jamsadr.com). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND NEXON ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
8.3 Restrictions. You and Nexon agree that any arbitration shall be limited to the Dispute between Nexon and you individually. SPECIFICALLY YOU ACKNOWLEDGE AND AGREE THAT: • A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS BETWEEN YOU AND NEXON; • THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND • YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY CLAIM SUBJECT TO ARBITRATION.
Any dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement.
8.4. Exceptions to Negotiations and Arbitration. You and Nexon agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration: • any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Nexon’s intellectual property rights; • any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; • any claim for injunctive relief; • any claim within the jurisdictional limits of the small claims courts; • any claim you are authorized to bring to the attention of any federal, state, or local government agencies that can, if the law allows, permit those authorities to seek relief from us on your behalf; and • any claim you are authorized by applicable mandatory local law to bring to the attention of a court.
8.5. Location of Arbitration. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For permanent residents of the EU or Switzerland, any arbitration shall be initiated in the Grand Duchy of Luxembourg. For all other users, any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to this Section shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Nexon agree to submit to the personal jurisdiction of that court.
8.6. Governing Law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, regardless of your place of residence. For All Users Other than permanent EU or Switzerland Residents.You agree that this Agreement shall be deemed to have been made and executed in the State of California, U.S.A., and any Dispute arising hereunder shall be resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by you against Nexon shall be commenced and maintained exclusively in any state or federal court located in Los Angeles County, California, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. For Permanent EU or Switzerland Residents Only:You agree that this Agreement shall be deemed to have been made and executed in the Grand Duchy of Luxembourg and that it is subject to the laws of Luxembourg. However, where the laws of Luxembourg provide a lower degree of consumer protection than the laws of your country of residence, or where applicable mandatory laws do not permit a choice of law, the consumer protection laws of your country shall prevail. Regardless of application of law, you agree that any claim asserted in any legal proceeding by you against Nexon shall be commenced and maintained exclusively in any state or federal court located in the Grand Duchy of Luxembourg, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. Compulsory courts of jurisdiction according to applicable local laws remain reserved.
8.7. Attorneys' Fees. If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a dismissal without prejudice, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorney fees paid or incurred in good faith. 8.8. Severability of Dispute Resolve.
You and Nexon agree that if any portion of this Section 8 is found illegal or unenforceable, such portion shall be severed and the remainder of this Section 8 shall be given full force and effect. Any Dispute subject to any such portion of this Section 8 shall be decided by the arbitrator.
I appreciate you going through all that effort but from what I can infer from this legal jargon is I would have no chance at a real case as it's in their right to change the terms of service at any time as per the agreement when making a account and being subjected to whatever punishment they so choose if caught breaking it. The best case scenario is still a restrictive unban which doesn't look too good but it's the best I can do at the moment.
Comments
I don't really care about being unbanned or not, I saw an opportunity and I took it. I have made a ticket about being unbanned and mentioned how the policies have changed and was confirmed by said GM that the policies are different from when I was banned to what it is now and that they had no power to overturn such a ban but told me I was free to post it here as a suggestion. So unlike most of you who only seems to skim through and make your prejudice remarks about those who've hacked I took my time to research if this would be plausible and I've found evidence that it has happened before which gives my argument some merit. How about all of the comments so far, have they provided any evidence as to why I should just pack up my things and close up this thread? No, they've just been comments about how I should live with the consequences, I've been living perfectly fine with them for the past 10 months. The only reason I'm back is because of Fifth job but I sure as hell won't level a character to 200 just to play it, instead I found a way I could, if I got this ban overturned.
8. DISPUTE RESOLUTION
8.1. Disputes.
In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to, or arising out of, this Agreement or any policy, document or agreement incorporated herein ( “Dispute”), you and Nexon agree to first attempt to negotiate any dispute, controversy, or claim, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis, that arises out of or relates to the Dispute (except as set forth in Section 8.4 below) informally for at least thirty (30) days before initiating any arbitration or court proceeding.
Negotiations will begin upon receipt of written notice by the party bringing the Dispute. Nexon will send its notice to your billing address and email you a copy to the email address you have provided to us.
You will send your notice to Nexon at Nexon America, Inc., 222 N. Sepulveda Blvd., Suite 300, El Segundo, CA 90245, United States of America, Attn: Legal Department.
8.2 Binding Arbitration.
If a Dispute cannot be resolved through negotiations, then the Dispute must be submitted to binding arbitration (except for the circumstances described in Section 8.4). Arbitration of a Dispute shall be a final and binding determination on you and Nexon. You should review this provision carefully. This arbitration provision limits your and Nexon’s ability to litigate claims in court and you and Nexon each agree to waive our respective rights to a jury trial.
The arbitration shall be commenced and conducted under the Streamlined Rules of the Judicial Arbitration and Mediation Service (the "JAMS") or, where appropriate, the JAMS International Rules, both of which are available at the JAMS website (www.jamsadr.com). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND NEXON ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
8.3 Restrictions.
You and Nexon agree that any arbitration shall be limited to the Dispute between Nexon and you individually. SPECIFICALLY YOU ACKNOWLEDGE AND AGREE THAT:
• A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS BETWEEN YOU AND NEXON;
• THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
• YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY CLAIM SUBJECT TO ARBITRATION.
Any dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement.
8.4. Exceptions to Negotiations and Arbitration.
You and Nexon agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:
• any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Nexon’s intellectual property rights;
• any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
• any claim for injunctive relief;
• any claim within the jurisdictional limits of the small claims courts;
• any claim you are authorized to bring to the attention of any federal, state, or local government agencies that can, if the law allows, permit those authorities to seek relief from us on your behalf; and
• any claim you are authorized by applicable mandatory local law to bring to the attention of a court.
8.5. Location of Arbitration.
If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For permanent residents of the EU or Switzerland, any arbitration shall be initiated in the Grand Duchy of Luxembourg. For all other users, any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to this Section shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Nexon agree to submit to the personal jurisdiction of that court.
8.6. Governing Law.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, regardless of your place of residence.
For All Users Other than permanent EU or Switzerland Residents.You agree that this Agreement shall be deemed to have been made and executed in the State of California, U.S.A., and any Dispute arising hereunder shall be resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by you against Nexon shall be commenced and maintained exclusively in any state or federal court located in Los Angeles County, California, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts.
For Permanent EU or Switzerland Residents Only:You agree that this Agreement shall be deemed to have been made and executed in the Grand Duchy of Luxembourg and that it is subject to the laws of Luxembourg. However, where the laws of Luxembourg provide a lower degree of consumer protection than the laws of your country of residence, or where applicable mandatory laws do not permit a choice of law, the consumer protection laws of your country shall prevail. Regardless of application of law, you agree that any claim asserted in any legal proceeding by you against Nexon shall be commenced and maintained exclusively in any state or federal court located in the Grand Duchy of Luxembourg, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. Compulsory courts of jurisdiction according to applicable local laws remain reserved.
8.7. Attorneys' Fees.
If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a dismissal without prejudice, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorney fees paid or incurred in good faith.
8.8. Severability of Dispute Resolve.
You and Nexon agree that if any portion of this Section 8 is found illegal or unenforceable, such portion shall be severed and the remainder of this Section 8 shall be given full force and effect. Any Dispute subject to any such portion of this Section 8 shall be decided by the arbitrator.