If violation of TOS'en was a crime (thankfully, courts so far have ruled it's not), we'd all pretty much be screwed.

the fact that someone did something dumb does not make it illegal.

If i buy so many lottery tickets that the state thinks it's fraudulent, and shuts down the lottery for a day, that doesn't make me guilty of anything.

(As I said, TOS violations are simply not crimes. No court has ever held otherwise)