purplecape - 8:55 pm on Dec 1, 2008 (gmt 0)

they say you are in violation of their TOS there is no recourse because they decide if you are in violation and if you are you can go to jail.

There is a recourse--the legal system. A web site can't act as prosecutor, judge, and jury all rolled up into one! Even if this interpretation holds, if a web site accused someone of hacking, they would still have to persuade a prosecutor to pursue that person, and that prosecutor would have to get an indictment, go to trial, and win a unanimous conviction from a jury. The courts are clogged already! How often is that going to happen?