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Child Item

Console Ban 3-9-11 (Mod Warning Post #755)

NORTH1

Hi Guys looking for some advice and help!!

I was playing Black ops Zombies new maps this morning went out to a football match, came back this evening turned on the console to receive a message the console has been banned for violation of terms of service.

Now I rang MS xbox live to be told they dont discuss banns and there is no recourse!!

Now this got me really mad.

Now the facts are I bought this console new over a year ago after I had disk drive problems with my last console, which had also had the red light problem just outside its warranty period before that( in fairness MS fixed no problems).

I have had this account since for god knows who long it was an original xbox account with no problems.

Now the interesting part is they have banned the console but not my account so they have confirmed they will take my fee in December as usual.

And the rep also confirmed that if I want to use my account I will have to buy a new xbox!

Does this not sound a little like a scam!? there is no recourse remember!!

Anyone with any experience or advice on this would be most helpful I have a senior supervisor calling me tomorrow but the rep as said that he wont be able to help me either!! Just great!

Regards,

Brian

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Raze_them_all

NORTH1 wrote: »

Ok I have a concern following the other sites, I haveing bought the zombies map pack for both consoles my son recovered his profile to the console in the front room to play on the hd screen. he played zombies moon and some of the older maps.

This can't be against the T&C as the content is already on both consoles, and both consoles are on the one network?

What do you think?

So far I seem to be right. Willing to bet your son definately did something.

allanb49

If his son did do something, just switch around his 360 for yours,

Import your gamertag onto his console and let him learn the consequences

TheMooseInNam

Raze_them_all wrote: »

So far I seem to be right. Willing to bet your son definately did something.

Hold your horses, Raze... it's a bit early yet to be saying "I told you so"

However, the more I look into this, the more I am sure that MS has definitely found something amiss and hence the console ban. However, I am baffled as to why a console ban and not an account ban.

I do hope it's a misunderstanding and MS have simply confused the father/son sharing of consoles as some sort of theft/piracy type offence because if it turns out that another one of these threads ends up as the son modding the hell out of his console and claiming innocence to his father, I'll just crack up

:D:D

TheMooseInNam

allanb49 wrote: »

If his son did do something, just switch around his 360 for yours,

Import your gamertag onto his console and let him learn the consequences

I have a funny feeling if his son has done something, it'll result in the relocation of a size 10 boot and not something as subtle as switching consoles

:D:D

Raze_them_all

TheMooseInNam wrote: »

Hold your horses, Raze... it's a bit early yet to be saying "I told you so"

However, the more I look into this, the more I am sure that MS has definitely found something amiss and hence the console ban. However, I am baffled as to why a console ban and not an account ban.

I do hope it's a misunderstanding and MS have simply confused the father/son sharing of consoles as some sort of theft/piracy type offence because if it turns out that another one of these threads ends up as the son modding the hell out of his console and claiming innocence to his father, I'll just crack up :D:D

Never said I told you so...I'm just on pointing out that I'm on course too

lol I love those threads

NORTH1

This does not make any sense to me. People are claiming M$ won't say why your banned because they want to protect possible loop holes that they don't want exploited. I would of thought the easier way forward is to say anyone that does "this" is banned?

There most be some serious loop hole in their system if my son knows what it is he's not telling me, now he has learned a long time ago it's not smart to lie to me as eventually I find out and that reflects in the length of his grounding.

I feel reasonably sure he's hasn't been acting the ass on line.

Raze_them_all

NORTH1 wrote: »

This does not make any sense to me. People are claiming M$ won't say why your banned because they want to protect possible loop holes that they don't want exploited. I would of thought the easier way forward is to say anyone that does "this" is banned?

There most be some serious loop hole in their system if my son knows what it is he's not telling me, now he has learned a long time ago it's not smart to lie to me as eventually I find out and that reflects in the length of his grounding.

I feel reasonably sure he's hasn't been acting the ass on line.

Yes kids never lie about breaking stuff, I know I was always honest with my father when I ****ed up....

Not saying this is the case but kids lie.

NORTH1

TheMooseInNam wrote: »

I have a funny feeling if his son has done something, it'll result in the relocation of a size 10 boot and not something as subtle as switching consoles :D:D

How do you know my shoe size? I feel stalked!!

:-)

gizmo

NORTH1 wrote: »

This does not make any sense to me. People are claiming M$ won't say why your banned because they want to protect possible loop holes that they don't want exploited. I would of thought the easier way forward is to say anyone that does "this" is banned?

There most be some serious loop hole in their system if my son knows what it is he's not telling me, now he has learned a long time ago it's not smart to lie to me as eventually I find out and that reflects in the length of his grounding.

I feel reasonably sure he's hasn't been acting the ass on line.

Well outside of not having to enter correspondence with all the people they ban, another reason for not telling people the exact reason is that it keeps the modders on their toes since they won't know precisely why they were banned and hence what to avoid doing next time.

One minor request by the way, can you please stop referring to them as M$?

Ghandee

TheMooseInNam wrote: »

I have a funny feeling if his son has done something, it'll result in the relocation of a size 10 boot and not something as subtle as switching consoles :D:D

Lol, I bet he's found it hard to concentrate in school the last few days....:D
OP, don't think you've mentioned in this thread if you actually asked your son yet?
If it was me, I'd be sitting down with him and (remaining calm) ask him straight up. Explain to him the seriousness of the situation, and that MS will eventually give you the exact reasons the console (YOUR console) got banned, and that if he dis something against the charter, now would be the best time to fess up as it were!

NORTH1

That wasnt much of a conversation as me confronting him on what he had done to the console, this was before I contacted "MS". I was sure the mistake had to be with them after that conservation.

I was under the impression that modding was illegal so what exactly are they keeping on there toes?

TheMooseInNam

NORTH1 wrote: »

How do you know my shoe size? I feel stalked!!

:-)

I evoked my "MOD powers of deduction"... it's a stupid superhero gift really... would have much preferred "MOD super-genius brain" but Bill Gates beat me too it, the little runt

Helix

have you tried his console? does that one still work online?

gizmo

NORTH1 wrote: »

That wasnt much of a conversation as me confronting him on what he had done to the console, this was before I contacted "MS". I was sure the mistake had to be with them after that conservation.

I was under the impression that modding was illegal so what exactly are they keeping on there toes?

Much appreciated.

The type of modding done really, for instance "we detected flashed dvd drive firmware" , "we detected pirated discs being run" , "your console has been JTAG'd" or in your case "illegally obtained marketplace content".

calex71

OP have you checked both consoles and any usb memory for strange Gamertags ?

NORTH1

gizmo wrote: »

Much appreciated.

The type of modding done really, for instance "we detected flashed dvd drive firmware" , "we detected pirated discs being run" , "your console has been JTAG'd" or in your case "illegally obtained marketplace content".

This,,,, I know of a "guy" who was streaming pirated kides movie's to his xbox from his computer. Do you think this could have been the reason for a banning? would they be aware of the content of the said stream?

This is purely hypothetical of course...

Helix

NORTH1 wrote: »

This,,,, I know of a "guy" who was streaming pirated kides movie's to his xbox from his computer. Do you think this could have been the reason for a banning? would they be aware of the content of the said stream?

This is purely hypothetical of course...

NORTH1

calex71 wrote: »

OP have you checked both consoles and any usb memory for strange Gamertags ?

Yep all the profiles on mine are non live made up of various girls names who were given profiles when they called over.

The sons has only his own.

A while back we had to remove the profiles from each console as when ever we turned on one console it would disconnect the other from the internet. We found out that if you removed the others profile completely from the other console we wouldn't get disconnected at start up.

NORTH1

Helix wrote: »

no

Phew....I mean I'll let him know.

Helix

did you ever both sign in with the same account at the same time? is that even possible? i assume that would raise big flags, but it would surely see BOTH consoles banned

this is why i was wondering if his is okay. seems odd that yours would be banned and his wouldnt, given that there'd be the same content on both

NORTH1

Helix wrote: »

did you ever both sign in with the same account at the same time? is that even possible? i assume that would raise big flags, but it would surely see BOTH consoles banned

this is why i was wondering if his is okay. seems odd that yours would be banned and his wouldnt, given that there'd be the same content on both

I probable didn't explain it correct.

Even though his was the main profile on his console and I turned on the main console with my profile as main it would disconnect him from live and he would have to sign in again and visa versa. This only happened with the turning on of the other console, It didn't happen when we removed each others profiles from the other machines.

We resolved this problem a long time ago.

TheMooseInNam

NORTH1 wrote: »

This,,,, I know of a "guy" who was streaming pirated kides movie's to his xbox from his computer. Do you think this could have been the reason for a banning? would they be aware of the content of the said stream?

This is purely hypothetical of course...

I bloody hope not!!! I mean, I hope not for your friend's sake :rolleyes:

Spacedog

the time for talking is over. box up that console, bring it back to the shop, and bollock the shopkeeper until you get a refund.

your xbox is fucked

it's not your job to find out why. you paid for a machine to play games on your telly, if it doesn't work get another one, from the shop, the shop sends it back to MS and gets money back.

if the shop keeper starts asking questions or anything, just raise your voice and start knocking **** off the shelves. make it clear that you are about to do more damage than the cost of replacing your console. they won't call the police because you are in the right here.

people on this board are fast to blame you for the ban. and they will go on about end user agreements and shit. but an EULA has never been enforced in an irish court... ever! they are not legally binding.

If I wrote a game and put in the small print that I own the deed to the players house. and you bought it and clicked 'I Agree'. is it legally binding?

now go, be a man, get what is yours, give 'em hell son.

chopperbyrne

Spacedog wrote: »

the time for talking is over. box up that console, bring it back to the shop, and bollock the shopkeeper until you get a refund.

your xbox is fucked

it's not your job to find out why. you paid for a machine to play games on your telly, if it doesn't work get another one, from the shop, the shop sends it back to MS and gets money back.

if the shop keeper starts asking questions or anything, just raise your voice and start knocking **** off the shelves. make it clear that you are about to do more damage than the cost of replacing your console. they won't call the police because you are in the right here.

people on this board are fast to blame you for the ban. and they will go on about end user agreements and shit. but an EULA has never been enforced in an irish court... ever! they are not legally binding.

If I wrote a game and put in the small print that I own the deed to the players house. and you bought it and clicked 'I Agree'. is it legally binding?

now go, be a man, get what is yours, give 'em hell son.

Why would the shop take it back?

They sold him a perfectly fine working console, which still works perfectly fine, but is banned from connecting to a seperate service for breaching the terms of use.

Buy a replacement console and swap over your hard drive.

The hard drive and Gamertags on it will still work fine.

Ghandee

Spacedog wrote: »

the time for talking is over. box up that console, bring it back to the shop, and bollock the shopkeeper until you get a refund.

your xbox is fucked

it's not your job to find out why. you paid for a machine to play games on your telly, if it doesn't work get another one, from the shop, the shop sends it back to MS and gets money back.

if the shop keeper starts asking questions or anything, just raise your voice and start knocking **** off the shelves. make it clear that you are about to do more damage than the cost of replacing your console. they won't call the police because you are in the right here.

people on this board are fast to blame you for the ban. and they will go on about end user agreements and shit. but an EULA has never been enforced in an irish court... ever! they are not legally binding.

If I wrote a game and put in the small print that I own the deed to the players house. and you bought it and clicked 'I Agree'. is it legally binding?

now go, be a man, get what is yours, give 'em hell son.

Don't do any of this OP.

Your xbox isn't faulty, its been banned by ms.
Secondly,even if it was faulty, if its out of warranty, they'll laugh you out of the shop.

TheMooseInNam

Spacedog wrote: »

the time for talking is over. box up that console, bring it back to the shop, and bollock the shopkeeper until you get a refund.

your xbox is fucked

it's not your job to find out why. you paid for a machine to play games on your telly, if it doesn't work get another one, from the shop, the shop sends it back to MS and gets money back.

if the shop keeper starts asking questions or anything, just raise your voice and start knocking **** off the shelves. make it clear that you are about to do more damage than the cost of replacing your console. they won't call the police because you are in the right here.

people on this board are fast to blame you for the ban. and they will go on about end user agreements and shit. but an EULA has never been enforced in an irish court... ever! they are not legally binding.

If I wrote a game and put in the small print that I own the deed to the players house. and you bought it and clicked 'I Agree'. is it legally binding?

now go, be a man, get what is yours, give 'em hell son.

SPACEDOG,

Firstly, using an italic in the middle of a profane word doesn't protect you from violating the forum rules on the use of profanities!

Secondly, don't come on to the Xbox forum and post ways to cheat/mislead a store owner/employee into refunding money when you already have the knowledge that the item in question is no longer of the same merchantable quality as when in was purchased due to MS banning the console from online gaming.

Thirdly, you are not "right" when you try to pawn off a banned console as not working! You are in fact commiting fraud. Recommending to knock stuff off the shelves in order to get your own way is, in fact, vandalism. The shop owner could and should have you arrested and charged.

Fourthly, don't try and tell the forum what is and isn't legally binding in contract law. Your knowledge of it is purely from hearsay.

I'm issuing you with an infraction and consider yourself lucky I haven't taken this further. Anymore behaviour like this and you'll be taking a holiday.

TheMooseInNam
Xbox Forum Moderator

Helix wrote: »

did you ever both sign in with the same account at the same time? is that even possible? i assume that would raise big flags, but it would surely see BOTH consoles banned

This is quite easy to do if you recover your GT on another console, forget about it and sign in the original. If you do it it disconnects the one already signed in - but it happens a fair bit to lots of people (me included) and no one would get console banned for it.

NORTH1

Ok..... I guess MS are ignoring me they have not responded to my posts on the support forum or my email to Nelson which I doubt he got anyway.

I think I will move this over to the consumer issues forum to see if I have much chance legally.

NORTH1

Hi Guys,

I'm looking for a little advice from your experiences.

I am the owner of an xbox360 console my third one. At this moment I have two working consoles in the house one in the main room of the house which I use and the second belongs to my son bought by me. I have paid for all content on both machines.

During last week, new content was released by a third party company which I bought for both machines.

I play one of these Saturday morning 3-9-11 for the first time on my main machine briefly went out for the day and when I came back I found that my console was banned from connecting to the Xbox live network with a message that I had broken terms of service.

Now the terms of service are very vague.

http://www.xbox.com/en-GB/consoleban

But I am sure I have not broken any of the rules listed there.

I contacted customer services and they say they cannot look into this but I must have broken one of their rules and I have no recourse. I didn't except this and asked to speak to a senior rep who called me the next day who again told me they could not tell me what was done wrong and again I have no recourse.

Now there is two things here I have an account with MS(MicroSoft) which I pay in advance 60 euros a year, this was not banned and they confirmed they will still take my subscription when it come due automatic.

Secondly they have just banned my unit to connect their network and told me I would have to buy a new unit.

MS have ignored my post to their support forum and I have tried emailing their head of security with no response.

I have a fair idea where MS have made a mistake it lies in the fact I have two consoles in the house and content been transfared between the two consoles even though the content was paid for both consoles they feel content was illegally put onto one console.

My problem is MS wont engage with me other then telling me to buy a new console.

Other info here

From the general Terms and conditions for xbox on their site: http://www.xbox.com/en-gb/Legal/xboxcomTOU

Quote:
If you live in or your business is incorporated outside of the United States of America all claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country in which you reside and the courts in the country in which you reside will have exclusive jurisdiction over all disputes arising out of or relating to this contract.

1>If you have made it this far is this something the small claims court would look into even with a company as big as MS?

2>And how would I go about this?

sorry for the big post and the there is more info on this thread.

http://www.boards.ie/vbulletin/showthread.php?t=2056377481

ytpe2r5bxkn0c1

Seems there little you can do. I don't think you have a small claims case as their t&cs will cover it.
What was the third party content you bought??