EVE General Discussion

I suggest you go back and re-read the terms of service contract you have entered into with CCP. You will discover your errors in good time, I am confident. Until then, you are certainly entitled to have an opinion, however wrong it may be.

You're not the first person on the interwebs to have this opinion, and you won't be the last.

Ecklectrix, you're paying to be able to log into EVE, not so that CCP can fix the whole Internet or rid us of every hacker and malcontent.

Your expectations are unrealistic.

I suggest you study contract law.
I also suggest you read the terms in the EULA.

LIMITATION OF LIABILITY
Except as set forth below, CCP's maximum liability for any and all claims arising out of or in connection with your Account, the Software, System, Game, Game Content, User Content, EULA, and any other services or materials provided in connection therewith, shall not exceed an amount equal to the value of one (1) month's subscription fees.

In the event of a material breach of CCP's obligations to provide access to and use of your Account, the System, Game, Game Content or User Content, your sole and exclusive remedy shall be a refund of any pre-paid subscription fees attributable to the period during which you were denied such access and use, or an amount equal to the value of three (3) months' subscription fees, whichever is less.

GOVERNING LAW AND EXCLUSIVE FORUM
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of the Republic of Iceland. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Where did I ask for that?
My request is simple.
1. Reimburse, or compensate for the time the servers were unaccessible due to DDOS or whatever the cause was that had nothing to do with me.

The end.

And your argument is that CCP is in material breach of their obligations to provide access to and use of your account, the system, game, etc?

Let's see your proof of this breach. Contract law requires proof. Simply being incapable of accessing the system is not proof that CCP failed to provide access.

Seems to me, you can provide that quote. I'll leave that to you. Don't ask me to do your legwork for you.

There is such a thing as "unfair terms" and they can not waive all their responsibility just because they wrote it into the EULA. In addition, they have provided terms for remedy (which was what I posted earlier) They can not post terms for remedy, and then elsewhere state that they provide no remedy in any case what-so-ever, these are called contradictory terms and will be void.

In addition go read icelandic contract law, particularly article 36.
A contract is unfair if it is contrary to good business practices and materially distorts the balance between the rights and obligations of the contracting parties, to the disadvantage of the consumer. If a term of this kind is set aside, in full or in part, or amended, the contract shall, at the request of the consumer, remain valid in other respects without change if it can be performed without the term

also read article 40.

Then get back to me.

If you think you've got a case, take it to court.

The judge can then tell you that you're wrong, just like everyone else is doing.

Then get back to us.

Ah...no but if CCP really wants a full audit ordered by a court...or they could just reimburse as they are supposed to, that would most likely end up a lot cheaper, and would be the right thing to do seeing as their paying customers got screwed.

All you screamers seem to be attacking me as though it was me that did the DDOS.

I paid for 90 days of play, all I want is 90 days of play. Fix it.

Wow. Do you imagine you'll get better service now that you're threatening coercion?

Have you spent any time working in an any service industry, ever?



We're trying to break you out of your overly simple and woefully insufficient model. This is not between you and CCP. There is a hostile third party disrupting service between you and CCP. CCP can't just "fix it," because it's not just their problem.

Until you accept that, you're not going to get anywhere.

Where exactly is it you think I'm trying to get?

I work with contracts, its why I know I am right. So you can keep telling me I'm not, if you like.
Some simple maxxims for you
Equity aids the vigilant, not those who slumber on their rights.
Equity abhors a forfeiture
I don't need to understand how the interwebs works, so if you wish to insult me knowledge of how it does work go ahead, it is quite plainly irrelevant.
I also know that if I went around screwing my customers out of 4 days of work every quarter, I'd be out of business in a hurry.


Yawn.

It is simple.
Service paid for in advance. Service not recieved.
It doesn't get any simpler.

Tranquility was the target not "the general interwebs" nor, my "personal internet connection."

Threatening coercion would be superfluous. Given that coercion is a threat. What exactly is it you think a court does though, it will compel the losing party...that, my friend is also a form of coercion.... so coercion is not something negative even though you've tried to paint me that way.

I, however, threatened no such thing, I merely pointed out that the only way someone could make a claim would be to audit the logs to be able to trace who was responsible. This would be costly for CCP. How you wish to interpret that comment is your issue. I suggest to you CCP already knows it can be held liable, they would be wise to just do the right thing by the people that got screwed, it literally doesn't cost them a cent, and they then remove themselves from the posibility of unjust enrichement.

In addition - when was the last time you got anything without asking for it? Think CCP will just offer it up out of the goodness of their heart? Squeeky wheel gets the oil.