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

gizmo

I assume they directed you to this website with all the relevant info?

From the sounds of it, it's not something they do very lightly so I'd imagine they're quite sure you did one of those three nasties listed.

calex71

I'm guessing they won't tell you why they ban you incase they have got it wrong and liable themselves

If it was cheating / glitching / gamesave hacking they would reset your GS and maybe ban the account.

Do you have an unofficial hard drive? Or have a flashed dvd drive?

.E_C_K_S.

Do other people play on the account? They could have been offering modded lobbies or other modded services in exchange for Microsoft points. Have you done any modifications to the xbox itself?

NORTH1

Fraud no

Console Tampering no Mine since new!

Impacting on other service and the like I'm a lone player mostly join lobbies and play very rarely communicate with others in the lobby in fact I don't really play on-line a lot, but was looking forward to BFBC 3.

I have a son who has his on xbox, never uses mine, and a 10 and 9 year old girls that plays viva pinata on my console. all the game I play are my own.

What annoys me is I just bought 2000 point of this console the other night to buy the zombie maps!!

NORTH1

WALSHY16291 wrote: »

Do other people play on the account? They could have been offering modded lobbies or other modded services in exchange for Microsoft points. Have you done any modifications to the xbox itself?

This is a family house with the console in the front room there could not have been anything like this done.

gizmo

NORTH1 wrote: »

Fraud no

Console Tampering no Mine since new!

Impacting on other service and the like I'm a lone player mostly join lobbies and play very rarely communicate with others in the lobby in fact I don't really play on-line a lot, but was looking forward to BFBC 3.

I have a son who has his on xbox, never uses mine, and a 10 and 9 year old girls that plays viva pinata on my console. all the game I play are my own.

What annoys me is I just bought 2000 point of this console the other night to buy the zombie maps!!

Well on the upside, the account will still have the 2000 points, you'll just need a new console to use them on.

As for the banning, it's quite strange to be honest. I don't think I've ever heard of someone console banned that didn't do something to deserve it.

NORTH1

gizmo wrote: »

Well on the upside, the account will still have the 2000 points, you'll just need a new console to use them on.

As for the banning, it's quite strange to be honest. I don't think I've ever heard of someone console banned that didn't do something to deserve it.

800+ point I bought the maps....

And as I said to the rep what good is an account with out an xbox.....this sounds like a scam to me...

gizmo

NORTH1 wrote: »

800+ point I bought the maps....

And as I said to the rep what good is an account with out an xbox.....this sounds like a scam to me...

The maps are locked to your account though so when you go to play on another console, you'll be able to redownload them once you recover your gamertag.

As for it being a scam, well it's not. Given the circumstances with which they do enact console bans, they would be quite right in banning both your console and gamertag. At least this allows you to keep your account and the content you've purchased. If the practice was more widespread then you would have most certainly heard about it by now.

I'm using you and your in the general sense above, I'm not saying you did anything wrong.

Healium

www.xbox.com/en-GB/consoleban TL;DR version: Microsoft don't ban a console unless they're sure it's broken the terms of use. Ban can't be un-done. Support can't give you details. Since your account wasn't banned, sounds like someone modded your Xbox. Might wanna have a chat with the kids.

Riesen_Meal

Sounds like you ended up either being hacked or some modder lobby on black ops or something, does your young lad play COD when daddy ain't around?

TheMooseInNam

Now this has thread has the potential to become another "why was I banned thread, not fair... so what if I modded my console! Still not fair :mad:"

MS don't ban consoles for no reason. I've never heard of a case where someone was banned by mistake. As was pointed out by some of the other posters, there are plenty of reasons that could justify a console ban.

However, if you aren't aware of why and MS won't tell you why, then I think that's a little unfair. Try posting on the Xbox.com forum.

However, I can't help having the feeling that you aren't telling us everything and when the truth comes out, it'll be hilarious

NORTH1

TheMooseInNam wrote: »

Now this has thread has the potential to become another "why was I banned thread, not fair... so what if I modded my console! Still not fair :mad:"

MS don't ban consoles for no reason. I've never heard of a case where someone was banned by mistake. As was pointed out by some of the other posters, there are plenty of reasons that could justify a console ban.

However, if you aren't aware of why and MS won't tell you why, then I think that's a little unfair. Try posting on the Xbox.com forum.

However, I can't help having the feeling that you aren't telling us everything and when the truth comes out, it'll be hilarious

Hi,

Yep Ive been onto the senior Rep this morning and got the same runaround I Told them I'd post the console to them to have it checked and nope they wont except that. Edit They also told me the the list on the web page is not all inclusive and it might have been banned for something else but wont tell me...

Ive posted onto the xbox forum but funnily enough the post there have to be approved before they go up.

So according to ms to use xbox live I have to buy a new console and followed with "sorry about that!!"

Sorry for been so negative over something so trivial....

davidk11811

It's rediculous that they don't tell you why you've been banned. What is the logic in that!?

TheMooseInNam

NORTH1 wrote: »

Hi,

Yep Ive been onto the senior Rep this morning and got the same runaround I Told them I'd post the console to them to have it checked and nope they wont except that. Edit They also told me the the list on the web page is not all inclusive and it might have been banned for something else but wont tell me...

Ive posted onto the xbox forum but funnily enough the post there have to be approved before they go up.

So according to ms to use xbox live I have to buy a new console and followed with "sorry about that!!"

Sorry for been so negative over something so trivial....

No, you're right to be pissed off if they've banned your console and won't provide you with an explanation.

I'd go mental if they banned my console and wouldn't tell me why... especially if I hadn't intentionally tampered with it. Try emailling Stephen Toulouse directly or even Major Nelson. You should find their email addresses fairly easily.

NORTH1

I'm not alone, thank God I'm not going mad.

http://www.xbox360achievements.org/forum/showthread.php?p=4467973#post4467973

Jelle1880

TheMooseInNam wrote: »

Now this has thread has the potential to become another "why was I banned thread, not fair... so what if I modded my console! Still not fair :mad:"

MS don't ban consoles for no reason. I've never heard of a case where someone was banned by mistake. As was pointed out by some of the other posters, there are plenty of reasons that could justify a console ban.

However, if you aren't aware of why and MS won't tell you why, then I think that's a little unfair. Try posting on the Xbox.com forum.

However, I can't help having the feeling that you aren't telling us everything and when the truth comes out, it'll be hilarious

Doubt it would be as hilarious as this beauty:



As for console bans: These are never done lightly.
Microsoft would set themselves up for the mother of all lawsuits if they ban consoles at random, they only do this if they are 100% sure of it.

pH

The current big banwave is for marketplace theft (AKA non-JTAG) which allowed people download and play XBLA titles.

There have been a few console bans for racking up a number of perma gametag bans (have a look at 26th august here) A lot of bans are being generated abound CoD / BLOPS mainly for selling/using modified lobbies, infections etc, and given you'd been playing nazi zombies I'd guess you're caught up in this somehow - though it's normally only after a number of gamertags have been banned that they eventually ban the console.

halpin325

If you feel that strongly about it and you really don't know why you would be banned, I would send a complaint to MS. Support should be able to help you.
But as was said before theyt would need to have a good reason and plently of evidence before they ban someone otherwise they would be wide open to lawsuits.

Dravokivich

had a quick glance over: http://www.xbox.com/en-GB/Legal/LiveTOU

on Section 4:

4. Using the Service.

It states:

In addition, your use of the Service is subject to your compliance with the Code of Conduct (http://www.xbox.com/en-GB/legal/codeofconduct and its successors). You agree that we may also discontinue your access to the Service if you do any of the following while connected to the Service:

And lists the various reasons why they would ban an account, but nothing ever states they are not to disclose the reasons to you.

It's updated as of Oct 2010 and is directly on their website.

The Code of Conduct mentioned above http://www.xbox.com/en-GB/legal/codeofconduct , makes reference to possible reasons for banning, also indicating they are not required to notify you, but nothing about declining requests for the reason why from you.


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

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.

You are paying for a service and they are denying it to you without disclosing the reasons why. I'd look into where my options ly legally.

Healium wrote: »

www.xbox.com/en-GB/consoleban TL;DR version: Microsoft don't ban a console unless they're sure it's broken the terms of use. Ban can't be un-done. Support can't give you details. Since your account wasn't banned, sounds like someone modded your Xbox. Might wanna have a chat with the kids.

There's no reference to this policy in their terms of use. Not sure if that's something you could base an appeal on.

NORTH1

pH wrote: »

The current big banwave is for marketplace theft (AKA non-JTAG) which allowed people download and play XBLA titles.

There have been a few console bans for racking up a number of perma gametag bans (have a look at 26th august here) A lot of bans are being generated abound CoD / BLOPS mainly for selling/using modified lobbies, infections etc, and given you'd been playing nazi zombies I'd guess you're caught up in this somehow - though it's normally only after a number of gamertags have been banned that they eventually ban the console.

I have no idea what any of this means? I have paid for all my downloaded contain and the zombies I haven't played on line.

I will try and make contact with the names supplied above, as its a bank holiday in the states I will try this tomorrow.

I have been looking into the small claims court and think that it is a possible way forward if MS refuse to give me an answer.

On a side note

I have also noticed that with this banning most people here assume your guilt of cheating. I have had this account for plus seven years without a blemish (and on-lining gaming when there was dial up before that some CS players might remember me from history) and one sudden stroke by ms and your labelled a cheat as MS don't do this lightly.


Yet they wont tell you what was done wrong!!

Damn I'm ranting again....

Dravokivich

NORTH1 wrote: »

On a side note

I have also noticed that with this banning most people here assume your guilt of cheating.

I noticed there was a ridiculas amount of that on the other thread you linked to based primarily on that OP's offline usage.

NORTH1

Thanks Dravokivich for the help.

Just posted this in the Xbox live support forum what do you think the chances of it going up are?

My console has been banned from xbox live, I have tried customer support twice and they have not been able to tell my why this has happened

I have not broken any of your listed items in your T&C.

I would also like to point out I have seven plus years of xbox live with out a blemish plus the owning of an original xbox before that....

I would like to bring to your attention the following

The Code of Conduct mentioned above http://www.xbox.com/en-GB/legal/codeofconduct , makes reference to possible reasons for banning, also indicating you are not required to notify me, but nothing about declining requests for the reason why from me.

Also

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

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.

You are declining me a service to which I am paying for without a reason and also willfully rendered the console useless to the purpose of its purchase. This is contrary to consumer law in this country.



I understand today is a bank holiday so I will require a response by tomorrow.



Regards



Brian

Copper_pipe

NORTH1 wrote: »

Thanks Dravokivich for the help.

Just posted this in the Xbox live support forum what do you think the chances of it going up are?

My console has been banned from xbox live, I have tried customer support twice and they have not been able to tell my why this has happened

I have not broken any of your listed items in your T&C.

I would also like to point out I have seven plus years of xbox live with out a blemish plus the owning of an original xbox before that....

I would like to bring to your attention the following

The Code of Conduct mentioned above http://www.xbox.com/en-GB/legal/codeofconduct , makes reference to possible reasons for banning, also indicating you are not required to notify me, but nothing about declining requests for the reason why from me.

Also

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

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.

You are declining me a service to which I am paying for without a reason and also willfully rendered the console useless to the purpose of its purchase. This is contrary to consumer law in this country.



I understand today is a bank holiday so I will require a response by tomorrow.



Regards



Brian

nice comeback

calex71

pH wrote: »

The current big banwave is for marketplace theft (AKA non-JTAG) which allowed people download and play XBLA titles.

There have been a few console bans for racking up a number of perma gametag bans (have a look at 26th august here) A lot of bans are being generated abound CoD / BLOPS mainly for selling/using modified lobbies, infections etc, and given you'd been playing nazi zombies I'd guess you're caught up in this somehow - though it's normally only after a number of gamertags have been banned that they eventually ban the console.

Yup, saw this stuff on various sites, fools!!!!!! What made them think they wouldn't / couldn't be banned for this. I won't go into too much detail but basically it involved loading the game/content using a particular gamertag then once the content was loaded switching to your everyday tag (that was for the games on demand, can't blame anyone who didn't want to pay 79.99 for halo reach from there though ). They likely banned every console those tags where ever used on, as in order for it to work it had to be signed into live, no way they'd every catch someone doing that

Edit: Op check the console for unknown gamertags and plug in any usb keys you have around the place to check if the kids were up to no good, as these may be need for the above.

NORTH1

Is this the market place theft? I have two xboxs in the house one used by me and the other by my son I have paid for all DLC's on both consoles including the recent zombie maps two days before I got banned.

M$ support even used my credit card number used to buy the DLCs to locate my account.

calex71

NORTH1 wrote: »

Is this the market place theft? I have two xboxs in the house one used by me and the other by my son I have paid for all DLC's on both consoles including the recent zombie maps two days before I got banned.

M$ support even used my credit card number used to buy the DLCs to locate my account.

No definitely not, what I'm referring to above uses a gamertag that is used by everyone who used certain pirated content. For example, GT: ImAPirate has Zombie map pack tied to it and everyone who downloads it uses that tag with the dodgy download to run it. That's why I say check usb keys fo unknown tags etc to make sure your not being made a fool of. In other cases , you simply inject the dlc into a usb key via a pc to have it run on the xbox and there is no need for a gamertag.

Obviously MS can tell if oyu paid for it or not, hence the current bannings for marketplace theft.

Not saying you are guilty of those OP just a possibility if you are not the only one using the xbox and have semi computer literate kids.

StupidLikeAFox

Under data protection laws you can submit a request to see all data that a company holds relating to you. Maybe you could submit a request, or at least threaten to, and you might be able to make some ground

http://www.dataprotection.ie/viewdoc.asp?DocID=570

Dravokivich

NORTH1 wrote: »

Thanks Dravokivich for the help.

Just posted this in the Xbox live support forum what do you think the chances of it going up are?

No worries man, wouldn't know meself if it'll be of much use with the Xbox live support forum. It's just gonna be people reading off scripts on how to handle something and ticking boxes.

ColHol mentioned Data Protection, I'd probably go more along the lines of our consumer laws.

You shouldn't be put in a postion to remind them what you've agreed to.

Jelle1880

The support forums won't be of much help I'm afraid, they are only able to look into account suspensions and not console bans.

Hope it works out for you though.

NORTH1

What do you guys make of this

http://www.xbox360achievements.org/forum/showpost.php?p=4473025&postcount=185
They only ignorance here is you. You have been told over and over the reality of the situation, but you choose to ignore it. Here is the reality, you either obtained or gave access to marketplace content that you or a second party did not pay for. You commit theft and got pinched for it. Now stop whining about it and looking up legal definitions to use in your post to make it look like you are actually going to do anything about it. My suggestion to you is to stop signing any contracts until a lawyer has looked at them, because apparently you can't understand them

Where would this guy be getting his information from? As I have said before I have paid for every bit of content on my console....