New TOU Confirmed!

Posted by Daeity On Tuesday, January 31, 2012

Two days ago, I had said to expect a new Terms of Use to roll out soon, and once the new contract was live, users (who even signed the older one) would be presented with a new TOU that contains D3 / PayPal / RMAH related revisions.

It just went live earlier this morning.

The new Terms of Use are actually dated "Last Revised December 10, 2011", however the official US link to the TOU (as of today) is still showing the old May 25, 2010 contract.

Interestingly, this TOU was updated on December 10, but it has only gone live just recently for others to see. It wasn't posted online for a good month and apparently Blizzard has been sitting on this new contract since December 10. On December 9, by the way, Blizzard first revealed the " Balance" system and stated that it would be rolled out within a few weeks (it's been over 8 weeks now.)

You should see this information hit fan sites and the larger blogs later today or tomorrow.

As I had said in the earlier post, the sudden appearance of the old Terms of Use was just a prelude to a new TOU for users to sign.

Omega, Blizzard's Forum MVP, however stated that this was not the case at all. He reassured users that this was actually just an old feature, and the recent appearance was nothing more than Blizzard simply resetting the "has already read" checkbox to remind some users to review it again...

Daeity 1, Omega 0. :)

New Knowledge Base Articles Too

Some users are reporting that they were able to visit their eBalance Purchase page briefly, but that feature has now been removed and disabled. (Original US link, EU link.)

There are also new Support articles live that contain a wealth of new information. These are the US links, but EU users can search for Balance or PayPal to see the new KB articles.

One was last updated January 20, with the others just yesterday afternoon ("Updated: 1/30/12 2:37 PM".) Balance Frequently Asked Questions (FAQ)

Syncing PayPal with

Adding Funds to Balance

Changes to the Terms of Use

Here's what a cursory glance revealed. If I missed anything important, please let me know and I'll add it.

  • A brand new section all about the new PayPal/RMAH system:
    6. Storing Value on the Account.

    A. The Account can be loaded with funds that can only be used to purchase goods and services on The Account is not a credit line, overdraft protection or deposit account. Unless otherwise required by law or permitted by this Agreement, all balances on the Account are non-refundable and may not be redeemed for cash. The Account does not expire, and you will not be charged fees for any reason. Funds which are loaded onto an Account do not accrue interest, and are not insured by the Federal Deposit Insurance Corporation (FDIC).

    B. To load value onto the Account, go to and follow the instructions provided to you on the page. All Account transactions are governed by the Terms of Sale, which can be viewed at The minimum amount that can be loaded to an Account is $1.00, and the maximum daily Account balance is limited to $200.00. Blizzard reserves the right to change the maximum and minimum amounts at any time. You may load different currencies onto the Account (e.g., US Dollars, Mexican Pesos, Chilean Pesos, Argentinian Dollars) in order to engage in transactions on the Diablo III Real Money Auction Houses that use those currencies. The value loaded onto the Account shall be determined by converting the value of each of the various currencies that you have loaded onto the Account to US Dollars using the currency conversion formulas posted on All amounts loaded onto the Account are held and denominated in U.S. currency. Blizzard will not send you a statement of itemized transactions on the Account. In order to check the balance loaded on the Account, or review recent transactions on the Account, to go and follow the instructions on the page.

    C. Funds loaded onto the Account are used like cash for purchases on, and you are responsible for all transactions made by someone using the Account. If you suspect that the Account has been compromised, you should contact Blizzard Customer Service at The balance on the Account will only be protected from the point that Blizzard issues a message to you indicating that Blizzard has received your notice that the Account may have been compromised. From that point forward, Blizzard will take actions to freeze the remaining balance on the Account, and will unfreeze the Account once Blizzard has returned the control of the Account back to you.

    D. If Blizzard believes that the Account contains funds acquired illegally, either by means of compromising other Accounts or otherwise, Blizzard may remove those funds, suspend your access to the Diablo III Real Money Auction House, terminate the Account, and/or exercise any additional legal remedies available.

    E. If you agree to purchase goods or services from Blizzard and thereafter default upon your obligation to pay for such a purchase, you hereby agree that Blizzard shall have the right to freeze any funds currently loaded onto the Account and/or to remove and use those funds to fulfill your payment obligations in full or in part.
  • The "9. Ownership" section has been expanded to include the RMAH:
    C. Virtual Items. Blizzard owns, has licensed, or otherwise has rights to all of the content that appears in the Service or the Games. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in any Game, or any other attributes associated with the Account or stored on the Service. Blizzard does not recognize any purported transfers of virtual property executed outside of a Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in a Game, unless such transfer is made using a marketplace administered by Blizzard, including without limitation the Diablo III Real Money Auction Houses.
  • The whole section "7. The Blizzard Online Store" has been cut out of the TOU.
  • The "Account Suspension/Cancelation" section has been expanded to include "a Game-specific Terms of Use", rather than just the TOU and other agreements.
  • A new entry in the "General" section has been added to let you know Blizzard will be collecting a bunch of information from your PC:
    E. Collection of Non-Personal Data. Blizzard shall have the right to obtain data that cannot be used to identify you from your connection to the Service without any further notice to you. Certain Games playable on the Service include a tool that will allow your computer system to forward information to Blizzard in the event that the Game crashes. This tool will collect system and driver data from your computer system during the crash, and forward a report containing that data to Blizzard.
  • The "Massive Inc" in-game advertisements section, that was originally created for Starcraft 2, has been completely removed and replaced with a more general "expect there to be advertising in the game."

    A. Advertising. Blizzard’s Games and the Service may incorporate third party technology that enables advertising on and/or in certain Games playable on, which may be downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Blizzard and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.
The Interesting Bits From All Of This

  • Blizzard and it's third party advertisers may collect "standard information" from your computer system. They were very ambiguous about this.. they did not specifically state "non-personally identifying information" like Warden and they stated that their advertisers may collect information from your PC when it's connected to the Internet. This could pretty much mean anything at all and at any time, including personally identifying details.

  • Users worldwide will soon be able to use PayPal to purchase anything you want from the Blizzard Store, and it's no longer just limited to WOW Subscriptions.

  • There seems to be a PayPal / location check, like what I was predicting months ago.

  • The Balance maximum limit is $500.00 USD.

  • You can add funds in increments of $10.00, $20.00, $50.00 or $100.00. Or, users can select "Other Amount". According to the Terms of Use, a minimum amount of $1.00 must be loaded and there is a maximum daily balance of $200.00 permitted.

  • If Blizzard suspects that you cheated in any way to acquire your Balance funds, they can remove all of your Balance and suspend your access to D3 or your account. There are a few other sections that also discuss the non-refundable conditions for your Balance credits.

  • If a prepaid credit card is declined, there's a $1.00 temporary hold of funds for each transaction attempt.

  • Regional stuff: ".. you will be able to add value to your Balance using your local currency (in EU, for example, players will be able to use Euros, GBP, and RUB). In certain regions where game realms and servers are shared by players in multiple countries, you will be given the option to choose one single currency. However, please note that Balances for different currencies are tracked separately and cannot be used interchangeably. For example, you cannot use Balance purchased using U.S. dollars in a non-USD-based auction house, and you are not able to transfer Balance purchased in one currency to or from Balance purchased with a different currency."

  • Right now, you can't transfer B.Net Balance as a gift to others, but they plan on adding that feature in the future.

  • Balance cannot be used as an automated payment method for recurring WOW subscriptions.

  • This TOU was revised specifically for Diablo 3, but you can expect another revision to happen as the SC2 Marketplace gets closer to completion.

  • If you're a regular reader here, you'll know that I had been anticipating these changes this week since they were needed as a precursor to the release date announcement. Once the announcement is made (Monday, Feb 6 being the most probable at this time), the Balance system will be fully implemented with the D3 Digital Pre-Download being made available sometime afterwords. After this is done, it will also be followed by new posts and official announcements about the PayPal and B.Net Balance system with instructions on how players can setup their accounts and start using it right away. All that remains now is if the actual release date will be 2 months from the announcement (traditions), or a condensed timeframe (which has been discussed in the past.)
On a final note.. boo-yah.


The " Balance" and "PayPal Syncing" Knowledge Base Articles have just been removed by Blizzard. :)

I'm not sure if this is just temporary, or if they weren't supposed to reveal these Knowledge Base articles until the announcement (or later this week). If you didn't catch them earlier, you can still see their Google cache.

Go to and type:



The "Syncing PayPal with Battle.Net" article is back up, and it's now showing an "Updated: Jan 31, 2012".

The " Balance" article has been down for several hours now. It's possible that the Balance article wasn't supposed to be put up until another announcement (front page post) took place first. Obviously, right now players can't even add money to their Balance accounts so the support article is useless.