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Paragraph 16 of NEXON’s Terms of Use – Fines for Hacking and Playing Private Servers
NEXON America recently added a new chapter to their terms of use, Chapter 16, Liquidated Damages. There are many key points highlighted in this chapter that affect everyone who plays their games. Below is the Chapter 16 “Liquidated Damages” directly from the NEXON America Terms of Use.
16. LIQUIDATED DAMAGES.
You acknowledge and agree that you are not permitted for any reason or under any circumstances to hack, attempt file decryptions, crack encryptions, use cheats and/or memory altering scripts or codes or utilize unauthorized third-party manipulations programs, re-packer programs, game or client altering software or client re-interpretation methods or codes to alter the play experience or gain an unfair advantage in any of the Nexon games. You also are prohibited from doing the following: (1) use any type of hacks, bypass, decryptions (including but not limited to file decryption software/methods), cheats and/or memory altering scripts or codes to gain an unfair advantage over other users in any Nexon game; (2) manipulate and/or alter the game client and/or server memory in order to gain unearned and unjustified Nexon Cash, in-game currency and/or any other Items from any Nexon game ; and (3) elevate your ranking in any Nexon game fraudulently or by any wrongful or unauthorized means. In addition you agree not to create, design, disseminate, link, distribute, provide access to or use any third party programs, bots, scripts, codes, bypass, memory scanning software, hacks or cheats designed to alter the game play or to modify the code to play the game differently than it was intended by means of programs not permitted or authorized by Nexon, which include, but are not limited to: hacks, private servers, cheat engines, memory altering scripts or codes (including but not limited to disconnection hacks), auto clickers, any type of bots and/or game cheats. Any use, dissemination or design of such programs shall be deemed a material breach by you of these Terms of Service for which you will be liable to Nexon for any resulting damages. You agree that if you host or operate a private server of a Nexon game or host or operate a hack site that sells hacks to a Nexon game or if you distribute, disseminate, design, code, moderate and/or provide free or paid access to private forums that sell or distribute hacks, or assist in the design of any private servers or third party programs (such as hacks) that alter the game play of any Nexon game, you will have the unconditional obligation to pay Nexon America Inc. the sum of One Hundred Thousand ($100,000) Dollars for each such program (including patches) and versions thereof as liquidated damages. You also agree that if you use such a program to play any of the Nexon games, or engage in the use of a private server, you will have the unconditional obligation to pay Nexon America Inc. the sum of One Thousand ($1,000) Dollars as liquidated damages for each time you use such a program, which shall be due and payable immediately upon notification to you of said infraction
What this basically says in plain English is if you are caught using a hack or [playing] a private server, you owe NEXON America $1,000 per occurrence (per offense). If you are caught developing a private server or hack and/or operating a hack or private server site, you will owe NEXON America $100,000 per occurrence. This does not involve NEXON suing the person(s) to collect named damages, because it is already agreed upon in the Terms of Use between NEXON and the Player.
Many of you will think, “Oh this is fake.” I can confirm that this is legitimate (merely look on the NEXON website). It looks like NEXON has finally found a way to do away with hackers and private servers. The end isn’t near, the end is now.
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Wow, SOMEONE* cough cough* [savage] cough cough* is very biased.
If the end is now then why aren’t all hackers and private server players paying up? And, why are so many servers still alive? Accurate information please. Thanks.
Posted on April 10th, 2009 at 11:33 pm
They legally can’t do that. Their just trying to scare little kids. Just because its on their website doesn’t mean anything.
Posted on April 10th, 2009 at 11:55 pm
“wait so just dont dl the gamae on the comp ur runin server from and then play from another comp
thus they cant sue u for having played or dled the game on the main comp
thus u never actually agreed for the comp hosting the server
then u play on the other comp so they cant legally fine u that 1 grand
its a game and internet untill the gov oks it they cant go making laws like that can they?
when you put something online everyone has the right to view and edit it because its the free internet
so i mean can they really do that?”
Quoted from jewsanta from RageZone Forums
Posted on April 10th, 2009 at 11:56 pm
btw zomghaha is me o-o .. :] sry for the many posts
Posted on April 10th, 2009 at 11:59 pm
Current owed to nexon: $510,000
Posted on April 11th, 2009 at 8:54 am
@Tristan Sorry, but nothing I said was biased. My opinion is that they will be closed because, if I were a private server owner, I wouldn’t be dumb enough to make one and potentially risk owing $100,000 to a multi-million dollar corporation. If you think that is “biased” news then you had better check your definitions.
It’s perfectly fine to say the end of private servers is now, because it is. They’re all dropping like flies. Sure, others are taking their place…but eventually someone will be sued. This is a video game people, grow up and stop acting like it’s your life. It shows me that someone *cough cough* Tristan *cough cough* doesn’t have anything better to do but bash me because I’m not whining and moaning and saying, “F@*% you NEXON!” like everyone else.
I can’t say for sure whether or not someone will get fined, we’ll just have to find out.
Posted on April 11th, 2009 at 10:01 am
Many people have opinions about private servers, if you would like to hear Savage’s, mine, and a few others, listen to our weekly podcast. http://maple-news.com/category/site-newsevents/podcasts/
Posted on April 11th, 2009 at 12:39 pm
This just got way, way worse. I’m assuming it’s more of a threat though.
I mean, seriously, good luck on tracking down a random hacker, who is probably on his/her 10th account with random contact information etc.
Does Nexon really want to take it this far? Is it really causing that much harm?
I wonder every time I read such article.
Posted on April 11th, 2009 at 5:37 pm
I don’t care what their agreement says. Hacking isn’t illegal(as in against the law) in ANY game unless your hacking REAL money. Hacking levels and mesos is against the rules, but not ILLEGAL. Hacking NX would be illegal.
Posted on April 11th, 2009 at 10:07 pm
Well, I guess the only hope private servers have to exist is if they make a client from scratch instead of modifying a Nexon one :/
Posted on April 11th, 2009 at 10:31 pm
i would owe nexon so much if this was introduced a few months ago lol. this may save nexon the trouble of sending letters because now they can just fine people. i guess that as long as there are people with guts (crazy ppl) there will always b private servers.
Posted on April 11th, 2009 at 11:36 pm
@Savage ….
Uh, Please define end* and now*.
[I am in no way implying that a video game is my life. I am in no way trying to "bash" a anyone. I am in no way being prejudiced towards people who don't agree with my views. If I have offended anyone (including Savage), please forgive my unkindness I might show. My intentions are in no way to hurt others. Please do not assume that I am trying to hurt or offend anyone. Thank You]
- Aimee [Maplestory-Supporter]
Posted on April 12th, 2009 at 12:52 am
Current owed to Nexon:2,000,000,000,
Well ive played a lot of ps’es and one of them was a hacking sever..
good luck geting that moneh nexon xD
Posted on April 12th, 2009 at 6:54 am
@Aimee: I’ll gladly answer your question. It merely means that NEXON has gone one step further. This only adds to the already heavy financial risks of making a server. A lot of people will be scared by this new Chapter in the Terms of Use. “The end is now” because at this point, there are so many risks to running a private server that anyone who can clearly look at things long term will see they are risking much.
I’m not saying I don’t see why many servers are made and why they go to them, I’m just saying that at this point only a fool would make one and risk their well being (or their parents’). I don’t think that’s an opinion, I think it’s a fact that these owners are risking so much.
As for fines for playing private servers and hacking…that seems a bit extreme…not exactly sure how they can pull that one off.
Posted on April 12th, 2009 at 5:25 pm
thanks
i get it now
Posted on April 12th, 2009 at 8:17 pm
How*(cough)(cough)PINGAS(cough)(cough)would we catch the people that played Private Servers Any ideas people?
Posted on April 13th, 2009 at 6:51 pm
So Since I’m playing DeSuMs, Nexon can fine me 1000 dollars?
ip tracking?
Posted on April 14th, 2009 at 7:17 pm
They are dropping like flies, and the (big public) private server time seems to end soon. But do they really think they can claim 1k on every person who played on a private server? Even if they do successfully sue a private server operator for 100k, they’re never going to be able to sue every client that once connected to it. You cant force an operator to give out the complete IP-list of all the clients once connected. Besides from that, what if the owner doesn’t even have one?
Nevertheless there will probably still be private servers around. Nexon is just threatening the bigger ones. They will never find the real private private servers.
Their TOS is full of cowpoop..
=]
Posted on April 15th, 2009 at 5:36 pm
OMG, D:
Posted on April 17th, 2009 at 10:39 pm
Um, okay so I play DesuMs would it be possible for them to sue me? Or should I just quit now and- lol cower in fear?
Posted on April 17th, 2009 at 10:42 pm
Nexon is a bunch of horse crap.
They don’t actually charge you for for this horsecrap, it’s just another thing to scare private server operators. Theres a reason why P/S are created, to basically, have GMS with higher rates, so there’s no more countless grinding, what’s so wrong with that?
Nexon has already over 90 mil on Maplestory, if a couple hundred leave, what’s the problem with that? they already make over a 100mil a year, it’s nothing to them.
I hope Nexon burns to the ground, cause they are the crappiest company EVER.
Posted on April 19th, 2009 at 12:38 pm
Awesome! I’m waiting to see nexon collecting 100k from each owner of private servers (billion of them) and 100,000 from each player (countless).
Seems like they are with a large budget and time and wanting to waste it to the fullest.
Posted on April 20th, 2009 at 10:40 pm
LMAO
i almost owe nexon $420,000!
if this is true…lol
i made over 20 accounts that i hacked on
and only 16 got banned xP
and i made 4 private servers lol
no one ever caught me?
Posted on April 22nd, 2009 at 9:02 pm
isnt is simple, when making a private server use as many false details as possible, and dont use your main IP to host, use a proxy, vps etc
then dont have donations, and dont advertise to much.
there is your 10 second guide to not get pwnd
Posted on May 2nd, 2009 at 7:31 am
even if it can say that they cant possibly enforce this new policy
thousands of players hack on GMS and play private servers themselves
no one wil stand to pay this fine and im sure that no one will
and as for the end of private servers, they will continue for as long as there are people who want to continue them
also the shutting down of the foums such as CEF and such was a total violation of freedom of expression
nexon never had a problem before with hack distribution througout forums, but thats ebcause they being used within their own games
now that capital is lost they need a new plan
private server development has stalled yes, but it will continue, just on a smaller scale
Nexon winning was inevitable but not with the loss CEF
Posted on May 5th, 2009 at 11:39 am
AHAA i prolly have a 100,000,000,000,000,000,000,000,000 fee going xD nexon FAILS so hard you have no IDEA nexon is WAY TOO LAZY TO GO THROUGH TICKETS
why would they bother GOING THOUGH PRIVATE SERVERS?!?!?!? ohh shuuure they bann a few LIKE A TERRORIST THEY SHOW EVERYONE THE FEW THEY KILLED what noobs run that thing and why don’t they TRY TO ATTRACT PEOPLE INSTEAD OF SCARE THEM like a fking PRIVATE SERVER WOULD piss me off..
Posted on June 23rd, 2009 at 1:06 am
Wow what the heck?
$1,000 just for playing a private server?
Good thing I quit.
Posted on June 23rd, 2009 at 1:15 pm
Very funny – good luck trying to sue everyone who ever played private server……
they can sue the operators but they have no case against players no matter what they wrote or thought…
Posted on June 24th, 2009 at 4:02 am
This is hilarious!
They legally can’t do that.
Posted on June 26th, 2009 at 3:24 pm
This is just stupid. All Nexon is doing is trying to make money off something that’s been around since the game came out. Why did they just add this now? Why not when PServers started?
Besides that, I can say I’m at no risk because I never agreed to the terms and conditions.
Posted on July 10th, 2009 at 7:58 am
Nexon can suck it, because I never registered with them, and therefore never agreed to their terms. I dont automatically owe them 100G’s when i open my server…LOL
Posted on July 22nd, 2009 at 9:09 pm
This is TOTAL BULLSHIT!!! LOL!!
YOU CAN NOT BE HELD LIABLE FOR A CONTRACT IN THE US IF YOU ARE UNDER 18!!! LMFAO!!!!!!! NEXON CAN SUCK MY COCK!
Watch this video if you have doubts:
http://www.youtube.com/watch?v=ITBZvlz9XrE&feature=related
Posted on July 24th, 2009 at 12:16 am
I’m sorry, but no one really reads those things =/
and really, damages?
BS they owe us $100,000,532 in damages they did to our dreams and their scamming money including false auto bans and unreplied messages
Posted on October 7th, 2009 at 10:26 pm
WELL…this is entertaining, to say the least =P
1st off: No one, as in NO ONE will likely pay Nexon 100 grand-if that were the case of EVERY private server, Nexon would make approximately………….as little as $1,000,000 to I believe as much as technically $1,500,000,000? This would create global anti-Nexon court feelings which may actually help private servers (globally, there might be around 1million p-server players, so its VERY possible for $1billion fines)
2nd: Please note that it is utter hypocrisy they say you must pay for real world trading.
Fact is, ALL POPULAR MMORPGS HAVE REAL WORLD TRADING. Trying to ban real world trading is like declaring war on cockroaches-we can act like the steorotypical American cowboys and “nuke them sons of guns”, but the fact remains that the cockroaches, or real world trading in this case, cannot be completely eradicated.
Posted on October 9th, 2009 at 2:31 am
Currently owed to nexon : 1.415 million and counting .
Posted on October 29th, 2009 at 6:24 am
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