I play a game online called Combat Arms (I’m a dork). One issue with this game is there are many hackers, people who use different programs to try to obtain an edge in the game or just to annoy people.
In the Combat Arms Terms of Service, it says “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.”
Legally, can they actually hold a person to that? I ask this because 1) a lot of the people who hack are inevitably kids, 2) not everyone has $100,000 laying around and 3) they always just ban people who hack (even high rank players who undoubtedly have used hacks A LOT) - I’ve never heard of them actually going after someone and making them pay.
Basically, what I’m wondering is, just how legally binding are terms of service?