Is MS Xbox live breaking the sales of good act when they Ban an Xbox 360?

Nuts24

Is MS Xbox live breaking the sales of good act when they Ban an Xbox 360? As the Xbox no longer works as described on day of purchase I.E the Xbox can no longer access live, the hard drive cannot be used on a different Xbox with out the game data getting corrupted.

When you ask Xbox why the Xbox has been banned they will just give you a generic list of possible things that you may have done wrong.

I cannot see how they are getting away with this with out ever giving any evidence on why people have been banned.

It would be link the police putting some one in jail & not telling them why.

I know a few people that have been banned, they say they have not done any thing wrong, they have not modded there Xbox & when they try & talk to MS Xbox live the bottom line is your are banned, we don’t have to give you any evidence & even if you think you have been wrongly banned we don’t have to look in to it to see if we have made an mistake. If this is true then there is some thing wrong with our law as there would be nothing to stop MS Xbox live banning a random number of Xbox’s just before Xmas every year to boost sales. They say they are banning Xbox’s to crack down on piracy or if people are doing wrong on live, but if this was true they should be banning there accounts, not there 360’s as by banning there 360 they can just go out & buy a new one, if they ban there accounts they loose every thing, gamer points, DLC, Demos, themes, pictures, etc, etc.

What do you think?

sweetstudent

Has your Xbox been modified that contravene Microsofts T+C's?

MrsBartolozzi

Sweetstudent, it's not just modification or piracy that can lead to an xbox being banned.
My sons were caught "cheating" on Halo 3. DS1 was playing badly to let DS2 win and then go up in levels, this is considered cheating. If I was playing using either DS's account I would be cheating then cos I'd lose most games!!Bungie sent them both messages saying that they had done something to contravene the rules and they were banned from the game for I think, 2 weeks.
Now, I told them it was a lesson to learn and not to do it again, but there was no recourse, no finding out exactly what their crime was: the bungie site says all bans are automated and usually right so we were stuffed.
I know there are levels of ban from Halo specifically, 2 weeks, 1 month, an IP ban - now this one would really pee me off as both the boys use the same router and so share an IP address, why should one be punished unfairly for another's crime?
Now my examples are only related to one game, but while dealing with M$ concerning a hijacked XBL account, I was told that M$ is right and they wouldn't do anything wrong to someone's Xbox. Hmm. The fact that they will not enter into any conversation about the bans , shows that it must be unfair.

foxwales

No its not, because for a service contract to exist, both parties MUST be in agreeance with the terms and conditions of the service contract.

If an XBOX 360 users decided to modify the hardware in their console which is against the terms & conditions of service for Xbox Live, then the customer is breaching the service contract and therefore Microsoft have every right to end the contract and ban the user from its service.

And specifically to Xbox Live banning random customers, do you really think it is within their interest to ban a source of income for them without good reason?

Nuts24

No the Xbox's have not been modified as said in the 1st post & they have not done any on-line play, just been using silver accounts buying losts of DLC.

I have read on some posts where people have fitted 12V fans to there old Xbox's as they have gone over 3 years to stop RROD & lock ups. Because of the difference in voltage MS Xbox live can see this & have been banning Xbox’s for this as well. Now fitting fans to fix a problem it not hurting any one, but MS Xbox live say that this is a mod & can & will ban a 360 for this. How wrong is this?

DrScotsman

Unfair_Contract_Regulations wrote:

[Terms that may be unfair]
(c) making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;
(d) permitting the seller or supplier to retain sums paid by the consumer where the latter decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the seller or supplier where the latter is the party cancelling the contract;
(f) authorising the seller or supplier to dissolve the contract on a discretionary basis where the same facility is not granted to the consumer, or permitting the seller or supplier to retain the sums paid for services not yet supplied by him where it is the seller or supplier himself who dissolves the contract;
(i) irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract;

Now (i) probably won't count as a contract under the Sale of Goods Act is probably considered "concluded" when you have "accepted" the goods, which you will have done if you've had the Xbox more than a few days. Or if the "good" is the Live subscription, you did get to read the terms.

You could try to argue the other points though. Here's the whole regulations. If Microsoft are seriously banning people who change fans on their Xbox then I think you'd have a pretty solid case against them.

Esqui

No

"The message you have entered is too short. Please lengthen your message to at least 10 characters"

Nuts24

Thank you DrScotsman, It looks like MS are in the wrong under Unfair Contract Regulations as there contract says they can do what ever they want to you Xbox with out giving you evidence, warning, that you cannot get it repaired by any one other than MS, putting things in a nut shell there contract makes them GOD.

nomoneytoday

It's up to the company whom they want to allow to subscribe to their service.

MrsBartolozzi

Nuts24 wrote: »

Thank you DrScotsman, It looks like MS are in the wrong under Unfair Contract Regulations as there contract says they can do what ever they want to you Xbox with out giving you evidence, warning, that you cannot get it repaired by any one other than MS, putting things in a nut shell there contract makes them GOD.

IIRC the original Xbox wasn't owned by the punter - you or me, we just bought the license to use M$'s box. If this is still the case with the 360 then I suppose they are God of the box and can stipulate what we do with it.:eek:

Jakg

Xbox Live is an additional service. The terms say they can cut you off at any time and you agreed to this.

Not breaking any law.