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I truly think you're missing my overall, uber-point here:
If you sign a contract knowing full well that you're going to breach it at some point... fine and dandy. But you forfeit the right to bitch about it if/when you get caught in that breach.
So while my apparent breaching of various TOS's might seem to be contradictory (and may in fact be), that doesn't change the fact that I am completely culpable for that breach. And I wouldn't dream of telling my prosecutors that "you had no right to put that clause in there in the first place!"
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