Just for the sake of argument, does any of this discussion even matter.
Can't a private company like an ISP pretty have much any TOS they want. For example, when you sign up to any ISP they usually have a line in the contract that says using this account for spam will cause them to close your account. They don't need proof from any sort of court, they can just cancel you as a subscriber if they suspect you are spamming.
I'm not saying it's right, but private companies have all kinds of shit in their TOS so they can pretty much tell you to fuck off anytime they want without any court proceeding. Credit cards, cell phone companies, gym memberships, they all have stuff in the TOS that lets them stop giving you service whenever they want for pretty much whatever reason. Most even have blatant language like "Company XYZ can terminate this agreement at anytime".
Check out some of the stuff you sign and you'll see what I mean. Very few companies are legally bound to continue providing you service if they choose not to and give you notice.
A quote from the Netflix TOS:
Quote:
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
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Even in adult, if a program puts it in their TOS that they don't want to pay for certain types of joins, they can do it.