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Hi-Rez Violates your Privacy, Breaks Agreed EULA

Jul 6th, 2013
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  1. Title: Hi-Rez Violates your Privacy, fake and inaccurate Bans. [Proofs inside]
  2.  
  3. Video: http://www.youtube.com/watch?v=8sZPzgM-uOI
  4.  
  5. r/Smite Post:
  6.  
  7. The Smite EULA states Hi-Rez has the right to monitor for blacklist software while the game is open. Evidence has shown that Smite monitors your computer for blacklist software even when Smite is closed, which violates the agreement in the EULA.
  8.  
  9. This may cause fake bans, under section 3f of eula (Description below).
  10.  
  11. ----- Video Steps -----
  12.  
  13. Current IP: 79.148.138.77
  14. IDs that will be banned.
  15. ID: banbanhammer *Banned after logged in X time*
  16. ID: hamerbanhammer *Auto banned for being logged in before, as it had the same ip*
  17. ID: yumadbrobra *Banned after loged in X time*
  18.  
  19. 1. Logs in 2-3 accounts to show they are not banned.
  20.  
  21. 2. Closes and open smite again to log in the first account.
  22.  
  23. 3. Closes smite, then opens software (in their black list) as you could do any day for anything.
  24. Smite.exe is no opened what makes imposible to cheat/hack/modify smite.
  25. 4. After this, Smite has sent information with: your last logged account, ip, and software detected. At this point they have violated your privacy, since you opened that software while smite is closed, so how do they know you opened it?
  26.  
  27. 5. Your last logged account is banned, also your IP. Every account you log in since now, will be automatically banned in 60-300 sec.
  28.  
  29. 6. After I've been banned, which you will see after, and smite is closed. I close Winject.
  30.  
  31. 7. Once everything is closed, and any blacklisted software is opened. Smite can't detect anything, which makes imposible a ban.
  32.  
  33. 8. I open smite again.
  34.  
  35. 9. Smite is clean, there isn't any software opened to modify or change anything.
  36.  
  37. 10. Now, I log in the accounts I that were working correctly.
  38.  
  39. 11. After some seconds (90-300) the first account will be logged out and automatically banned.
  40.  
  41. 12. The 2nd account (the last one I logged in before closing smite) is automatically banned once they sent the info when it was detected.
  42.  
  43. 13. Now, as we said, your IP is banned under section 3f of EULA, description below.
  44.  
  45. 13.1 This IP BAN bans your account when the ip gets finally detected as it's logged in, once you're banned, it takes you out of the game. REMEMBER I'VE BEEN IP BANNED WHILE I WAS OUT OF SMITE.
  46.  
  47. 13.2 How do I know it is an IP ban? Becuse I will change it now, and i'm not getting banned anymore.
  48.  
  49. 13.3 Some may take more time than others, always between 60-300 or even 500 seconds.
  50.  
  51. 14. At this point, after I've shown the 3 accounts are banned, I change my ip (Restarting router)
  52.  
  53. 15. IP is changed, NEW IP: 79.153.231.110
  54.  
  55. 16. Once my IP has changed, don't even need to close SMITE. You can see how accounts are not getting banned anymore.
  56.  
  57. 16.1 The reason I don't need to close smite is because I'm not cheating/hacking it. There's nothing being detected, all of this was due their break of eula, violation of my privacy, while smite was closed.
  58.  
  59. 16.2 If I would being cheating/hacking/modifying smite, I would still be banned from the following accounts.
  60.  
  61. 17. This has proven that the ban was from IP, and it was done while smite was closed.
  62.  
  63. 18. After changing my IP, there's no ban being made after 90-300 seconds, and I prove it.
  64.  
  65. 19. The following accounts will be logged in:
  66.  
  67. 19.1 Accounts will stay around 5-9 min logged in, video will be x3-x5 speed.
  68.  
  69. ID: yoyoyowhatyadoing *Not Banned after changing IP*
  70. ID: accounttestingta *Not Banned after changing IP*
  71. ID: tarataratent *Not finally USED, 2 are enough*
  72.  
  73. 20. As you can see, after the ip has been changed, my accounts are not being banned any longer.
  74.  
  75. 21. This proofs how the ban is not due a cheat/hack/modify smite client, it's all because of process scanning computer while the game is closed, Remember we didn't agree that on their EULA.
  76.  
  77. 22. This may case the mentioned fake bans, making people lose accounts and money.
  78.  
  79. 23. I have to say I don't defend cheaters or hackers, I don't like them, but opening X software in your computer for any reason you have to, with the game closed, doesn't makes you a cheater/hacker on that game, and there's no reason to ban you. Remember winject is used to inject code, does not cheat/hack any game.
  80.  
  81. Personal case:
  82.  
  83. 24. I've lost 117€ with lot of exclusive skins account because of this, and they won't give me back my acc or
  84. money, they have no evidence of me cheating/hacking/modifying anything because I didn't.
  85. All they have is I had in my computer that software you saw on the video, but yet I've been banned.
  86.  
  87. I hope this brings more light to my case, and I hope you people can help me and other people to recover their
  88. accounts, make hi-rez change their ban methods.
  89.  
  90. IP banning, with smite closed, it does not only violate your privacy, but it makes you automatically banned
  91. if your ISP gives you that IP after restarting your router.
  92.  
  93. You will be banned under the ban reason that IP was banned, and you won't recover your account.
  94.  
  95. I just want my account back, or at least my money invested (117€).
  96.  
  97. I'm glad i could proof this and show I was not wrong, show how Hi-Rez is lying.
  98.  
  99. ---
  100. Information
  101. ---
  102.  
  103.  
  104. Hi-Rez Policy
  105. ---
  106.  
  107. If a user connects to a SMITE server from a computer with identifiable cheats installed on their PC, we will ban the user from playing on Hi-Rez servers in the future.
  108.  
  109. The video shows how accounts don't get banned with the software on the computer, they only get banned once they are opened with smite closed.
  110.  
  111. EULA'S BAN REASON
  112. ---
  113.  
  114. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party
  115. software, tools or content designed to modify the Software Product, the Service or the SMITE
  116. experience;
  117.  
  118. I QUOTE: "Use ... to modify the software, service or smite experiencie"
  119.  
  120. Modify... NOTHING HAS BEEN MODIFIED on the game.
  121.  
  122. http://www.hirezstudios.com/hi-rez/legal
  123.  
  124. http://www2.hirezstudios.com/docs/default-source/default-document-library/smite-end-user-license-agreement.txt?sfvrsn=2
  125.  
  126.  
  127. EULA'S MONITORING
  128. ---
  129.  
  130. Consent to Monitor. WHEN RUNNING, HI-REZ MAY MONITOR YOUR USE AND PLAY OF THE SOFTWARE PRODUCT AND COLLECT DATA REGARDING
  131. YOUR USE AND PLAY OF THE SOFTWARE PRODUCT IN ACCORDANCE WITH HI-REZ’S PRIVACY POLICY, A CURRENT COPY OF WHICH MAY BE ACCESSED
  132. AT http://legal.hirezstudios.com. IN ADDITION, THE SOFTWARE PRODUCT MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) FOR
  133. UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE PRODUCT. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS
  134. USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 2. IN THE EVENT THAT THE SOFTWARE PRODUCT
  135. DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE SOFTWARE PRODUCT MAY COMMUNICATE INFORMATION BACK TO HI-REZ, INCLUDING WITHOUT
  136. LIMITATION, YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND HI-REZ
  137. MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO YOU, INCLUDING WITHOUT LIMITATION,
  138. TERMINATION OF THIS AGREEMENT AND YOUR RIGHT TO CONTINUE TO USE THE SOFTWARE PRODUCT .
  139.  
  140. Let me quote something important.
  141.  
  142. "Consent to Monitor. WHEN RUNNING,"
  143.  
  144. The process still monitors when smite is not running.
  145.  
  146. "THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE PRODUCT."
  147.  
  148. I don't even opened smite, how comes the program runs concurrently with the product?
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