Question about article 17 (Console bans)

Due to reading the terms of use so many times in hopes of figuring out what I did wrong, I would like to ask two questions in regard to article 17 in the contract.

17. Changes to the Service; If We Cancel the Service.

We may change the Service or delete features of the Service at any time for any reason. If you do not agree to these changes, then you must cancel and stop using the Service.

A particular feature may be a pre-release version – a beta, for example – and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version.

We may cancel or suspend your use of the Service at any time without notice and for any reason. Upon Service cancellation, your right to use the Service stops right away. Your ability to access and use Third-Party Features also stops right away.   Our cancellation of the Service will not change your obligation to pay all charges made to your billing account.  If we cancel the Service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of your payment for the portion of your Service remaining at the time of cancellation. Sections 6 (for amounts incurred before termination), Section 11, Sections 15-18 and those sections of this contract that by their terms apply after termination of this contract will survive any termination of this contract. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester).

1. "We may change the Service or delete features of the Service at any time for any reason."

The main part I am questioning is the "any reason." By agreeing to this could MS ban your console for following the rules?  Following the rules would be "any reason" or having too much fun.  My point is "any reason" doesn't specify breaking the rules at all.  The way I interpret this is that  they could ban you for breathing, if they pleased.

2. "If we cancel the Service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of your payment for the portion of your Service remaining at the time of cancellation."

I interpret an xbox ban as a cancellation of  service.  Therefore, if an individual purchased a year of xbox live the day before their console was banned, are they entitled to a refund?

Once again I am an average consumer who only has common knowledge of how contracts work.  I also realize MS probably doesn't care how I interpret it.  I would just like to know if my statements are true or not.

 

Question Info


Last updated July 4, 2018 Views 3 Applies to:

thats only on termination of xbox live entirely  not enforcement action

 

console ban enforcement action is with CAUSE

the only example of this was the originals xbox live shutdown where original console owners were given 1 year of live

 

and other console ban waves have happened before and has never resulted in refunds

(was actually thrown out of court  mw2 console bans)

 

 

 

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btw console bans do not always include account bans in which case you forfeit everything

article 17 is cost of service you would only recaptuire xbox live time

you can still use the account just not with the baned console

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yea ngocphi  i agree but what your saying sounds extremely hipacritical. Most people dont have 200-300 dollars to just be like aww im banned time to get a new console.

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could someone please remove my post on this thread from 2011?

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Hey there xvColton!

We generally do not delete posts that don't conflict with our Forum Guidelines. Please be sure to post a new thread if you need assistance in the future! :) 

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