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Xenus.

My situation was this, when I was banned accidently from this "other forum" by an autoban system which banned whole ISPs in order to deal with the mass spam and deviant behaviours 11 days ago, I had to use a VPN program which created an IP for me in order to continue to visit and post. After doing my "other forum" rounds I went over to Aeria's and lurked a little, didn't find anything of interest and went to bed. After waking and logging on my computer I check Aeria's forum first and then the "other forum". I got an email from the company and checked it right at that moment. To my suprise the email said my account was permanently banned! Reasons?

This is a notice of a ban placed on the Aeria Games account assigned to this e-mail address. It was found that a character under the account was 'unusual account activity'. With this behavior confirmed we have placed a 'permanent' ban on the account starting on Mon, 04/06/2009 - 15:57. If you wish to discuss this ban further please contact us at info@aeriagames.com to receive a request ticket.

Dazed and stunned and not know wtf was going on I did as requested and waited for a couple of days, no reply. I went onto the forums and found a product manager who was willing to find out what actually happened and caused my banning. He said he couldnd't discuss it publically and sent me a PM saying how another GM from Megaten (which I don't even play, much less have a character in) banned me for having my IP tied to a gold seller.

So finally knowing the cause of the ban I sent them another ticket email and explaining the causes. 8 days later not a word. The same product manager had vanished from the forums and would not reply to my PMs even though he requested that I contact him if I had further problems, he was sure I would have the ban lifted. The email's I sent were polite and courteous. My other experience with this email ticket system got me a reply within 24-48 hours the only two times I used it before this.

You might be wondering at this point how did they even get my IP when I did not visit the Megaten website or downloaded and installed the game and logged in. I know I sure as hell was.

So I checked their ToS for any help to my situation. I was pretty shocked at what I found and understood from it.

An example

Look at what they did to a post where I tried to ask how many people have read AND understood Aeria's ToS and privacy policies. The first post I made gets removed in under 2 mins, not even enough time to read through the whole wall of text I dumped upon them, with some comments added in about the terms and policies. So I posted again, takes a little longer this time but eventually it's gone, this happened up to 6-7 times before the post stayed there for over an hour. I was still not banned suprisingly, so I made a post in each of their general chats in the most popular games, they got deleted/removed fairly quickly, within 20 mins. Then I was banned.

This is clear manipulation if anything. They could have just deleted everything like all the others instead of this disinformation;

http://forums.aeriagames.com/viewtop...8acab2#2865076

If people are interested enough I will post the wall of text that is their ToS and privacy policy, however it's not as big as the original as I snipped the more important parts and kept it shorter. The ToS and the privacy policies were close to 11,000 words! This is a LEGAL CONTRACT that people must agree to before making an account and how many people know English so well that they can understand the meaning behind the words used and the way they are used amongst all the law terms? I'm no expert in law but I have a good grasp on the English language.

thedudesam

I didn't read hardly any of that, and yes i posted just to say i didn't read your post.

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minajkl

well i'm sorry but that is what you get for joining a horrible company. I've learned from the years of playing talking and ranting about games and the companies that get them. YOU SHOULND'T TRUST COMPANIES THAT MAKE THEIR PLAYERS RANDOMLY POST ON EVERY FORUM KNOWN TO MAN FOR ITEMS OR EVENTS. that is all

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Kris

I myself read the wall of text, and I can say I'm not surprised. AG sucks, Onrpgers pretty much all agree on this.
Aeria Games (and IGG) should both be boycotted. After Megaten, I'm never gonna play one of their "games" ever again.

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thedudesam

Like IGG are doing with thier 2029 game?

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Cingal

There's been talk of various situations like this on Aeria. It's best that you didn't join in the first place.

My advice is to just stay away and leave them to it. They're a terrible company and you should not support them with your custom.

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Ponder

I felt no surprise when I saw that Superfail posted that.

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thedudesam

Ok i read it, damn aeria are a dodgy company.

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Xenus.

Here comes the wall of text. I have made it easier to read, bolding the more important things of interest. My comments are in brackets.

Aeria Games & Entertainment Inc. ("AGE") would like to thank you for visiting our website. This document contains the terms of use for your visit and stay at www.aeriagames.com

ToS

AGE may amend this Agreement, any Rules of Conduct, the Privacy Policy and any end-user license agreement at any time in its sole discretion. Amendments and modifications will be effective immediately after publishing them on the Website. You agree to and are responsible for checking this Agreement, the Rules of Conduct, the Privacy Policy, and any end-user license agreement periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use the Website and its services, you are signifying your acceptance of any revised or updated terms.
[I know many companies state this but please, you could have had some intergrity. How many people check the ToS and privacy policies once much less more than once, given the length of such agreements, but of course Aeria knows this since they monitor everyone who uses their services and data mine (we'll get to this shortly). Most of the people are youths who can't understand such things or bother to]

All rights and titles in and to the Website and in any of our published games (including without limitation any user accounts, titles, computer code, themes[you cannot copyright a theme], objects, characters, character names[haha funny], stories, dialogue, catch phrases[riiiight], locations[I didn't realise you could patent a location on Earth], concepts, artwork, animation, sounds, musical, compositions, audio-visual effects, methods of operation, moral rights[wtf?], any related documentation, "applets" incorporated into the game(s), transcripts of the chat rooms, character profile information[Like to show off your character in screenshots with the info up with no consent from Aeria? Illegal], recordings of game play[Unless you have consent from Aeria, posting these gameplay videos on youtube etc. is a violation of copyright], and the game(s) client and server software) are owned by AGE or have been licensed to AGE.
[Everything you "own" ingame belongs to Aeria, not you]

You may be required to create an account (an "Account") to access our Website and our games. Accounts are available only to individuals 3 years of age or older. If you are over 3 years of age but are still considered a minor, we ask that you review these terms with your parents or guardian to ensure they understand them and agree to them. By accepting the terms of use in the Agreement, you represent that you are 3 years of age or older. Only one person may use an Account. You are liable for all activities conducted through your Account.

When creating a user identity ("User ID") you agree to (i) provide true, accurate, current and complete information as requested in the required fields and (ii) promptly maintain and update such User ID to keep it true, accurate, current and complete. The information you provided shall be subject to our Privacy Policy.
[They really want your personal information...]

NEITHER AGE NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU. [If your computer monitor burns out or something happens due to any of their games or services they are not at fault, you are, even though their product caused it]

As more particularly described in each applicable EULA, AGE and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by AGE, its licensors, you, or otherwise), [/b]including, but not limited to[/b], any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Software. The rights described in the foregoing sentence are the copyrighted work of AGE and/or its licensors and are protected by the copyright laws of the United States, Korea, Japan, international copyright treaties and conventions, and/or other applicable laws. All rights are reserved. The Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of the EULA.

User Submissions

"Submissions" means all data, text, music, sound, photographs, comments, feedback, suggestions, postings at forums, chat rooms and similar venues on the Website, e-mails and similar information or materials that you submit to AGE regarding the games and services of AGE or the use or play of those games and services. User IDs and Submissions are not confidential and will become the property of AGE upon submission. You agree to assign and grant to AGE an irrevocable, transferable, royalty-free, and perpetual right and license to all worldwide, transferable license and the right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display the User IDs and Submissions in any form, anywhere, with or without attribution to your User ID, and without notice or compensation to you.

[Wow, they really own everything don't they, everything YOU create that is posted here or created using any of their games, and you gave them the right to make money from it]

Certain areas of the Website may charge fees to access and acquire certain game items or participate in game activities on the Website. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. AGE may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Website. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your account at any time, but AGE will not refund any fees that may have accrued to your account before such cancellation, and we will not pro-rate fees for any charges.

[Pure greed, you won't refund their money but you give them virtual currency to shut them up]

AGE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
[I think that says all it needs to, pure totalitarianism.]

At AGE’s request, you agree to defend, indemnify and hold harmless (a) AGE, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the Services or breach of this Agreement by you.

4. Acknowledgements [The REALLY interesting bit]

You hereby acknowledge and agree that:

(b) WHEN THE SOFTWARE IS RUNNING, AGE MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE PROGRAM AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.

(c) AGE may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. AGE may use or disclose your personal information if they believe that doing so may protect your safety or the safety of others.

(d) AGE MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING. [Spying on you]


Privacy policy

Aeria Games & Entertainment Inc. ("AGE") is committed to protecting your privacy and creating a strong relationship with our users.[Proof? Sounds like propaganda, where is our information stored, who has access to is, is it secure?] This privacy policy explains the use of information collected via our website www.aeriagames.com or affiliated site owned and operated by AGE (collectively, the "Site"), customer service operations and game service. As used in this Privacy Policy, "personal information" means information about you that is personally identifiable like your name, address, e-mail address, or phone number, and other information that is not otherwise publicly available. This policy does not apply to (i) the practices of companies that AGE does not own or control, (ii) people that AGE does not employ or manage, (iii) third-party sites, whether linked to or from the Site, or (iv) information collected by AGE offline.

[They can easily use the information they have to create the view that they got the information offline, even with usernames which are not considered personal information. Note that given the wording they can ask someone to come off the street, write down the personal info on a piece of paper and give it to them]


Information Collection and Use
Game Software: If you install or use any of the game software offered by our Site, we collect and aggregate a variety of data to monitor system and simulation performance, and to verify your unique identity[IP monitoring]. [b]This may include specific and general information about your computer hardware and Internet connection, which are stored together but are not personally identifiable.

[Are we supposed to take this as a fact with no proof?] This is in addition to the personal data and other personal information collected during the registration process.


[b]Information Collected Through Technology[b]

We collect information through technology to make our sites more interesting and useful to you.

We may use cookies to track general, non-personal information about our users (e.g., user name, pages viewed, time spent our Site, and the websites visited just before and just after our Site) for statistical and market research purposes. The information is collected on an aggregated and anonymous basis. We use cookies to gather information about our Site users’ browser activities in order to constantly improve our Site and better serve our customers. This information assists us to design and arrange our web pages in a most user-friendly manner and to continually improve our Site to better meet the needs of our customers, prospective customers, and visitors.[How interesting, you gave them the right to snoop through your browser's cookies, no matter what justification they give for it, but they are viewing what I deem personal information]

Voluntary Disclosure of Personal Information

You may choose to disclose personal information in our online community features, blogs, in-game chats or other public forums, directly to other users while using the Site service. Please be aware that such information is public information and you should not expect privacy or confidentiality under these circumstances. AGE shall not be liable in any way for such disclosure of personal information.

[Including the sale of such information perhaps? Another income for f2p games? Once Aeria have logs of people who share their name or any personal information with another player, it now becomes PUBLIC and they can do with it as they will]

We may occasionally employ other companies to perform services necessary for our internal operations, such as companies that personalize our web pages, process credit card transactions, analyze customers' interaction with our Site, and process consumer surveys. We also provide postal addresses to the U.S. Post Office for delivery purposes. While providing their services, these companies may access your personal information. These companies have agreed to securely store and maintain the personal information received from us.

[Is our information really safe? How many people have access to it again?]

This policy does not apply to (i) the practices of companies that AGE does not own or control, (ii) people that AGE does not employ or manage, (iii) third-party sites, whether linked to or from the Site

[What? The privacy policy does not even cover those people!]

Finally, we may take your personal information and make it non-personally identifiable. We do this either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (e.g., your name) that make the information personally identifiable to you. This process is known as de-personalizing your information. Given the non-personal nature of this information, no restrictions apply under this Privacy Policy on our right to de-personalize your personal information. We may use de-personalized information in any way and share it with third parties without your consent.

[Oh my... so once they "de-personalize" this information they are free to do with it as they please, remember you all agreed to all of this]

Required Disclosures

We will disclose personal information when we believe in good faith that disclosure is required by law (e.g., court order or subpoena) or such disclosure helps enforce (i) our Terms of Use, contests, sweepstakes, promotions, or game rules; (ii) protect your safety or security, including the safety and security of your property; or (iii) protect the safety and security of our website or third parties.

Almost done, a bit more. Out of order but they make more sense this way.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AGE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

(b) AGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

[Sounds about right]


(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS. AGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

[...]

thedudesam

..........


"We may use cookies to track general, non-personal information about our users (e.g., user name, pages viewed, time spent our Site, and the websites visited just before and just after our Site) for statistical and market research purposes. The information is collected on an aggregated and anonymous basis. We use cookies to gather information about our Site users’ browser activities in order to constantly improve our Site and better serve our customers. This information assists us to design and arrange our web pages in a most user-friendly manner and to continually improve our Site to better meet the needs of our customers, prospective customers, and visitors.[How interesting, you gave them the right to snoop through your browser's cookies, no matter what justification they give for it, but they are viewing what I deem personal information]"



Btw that isn't "ZOMG SPYING ON MEH" i believe they are tracking cookies, google uses them, all they do is make sure the right ad's are displayed and that, and see what the users of thier site use.

Say i was on onrpg, then i go to aeria, then back to onrpg to tell the forums about a game, they will know and then if enough people do this they will think "Hmm onrpg seems popular by our users" and they will display ad's on this site for their games.

Seriously they won't find where you live and what time you take a shit, just from cookies.

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