> but violation of terms of service seems like a breach of contract I agree. But also, breach of contract can only occur if there is an actual contract. Speak

> but violation of terms of service seems like a breach of contract I agree. But also, breach of contract can only occur if there is an actual contract. Speaking generally - if I purchase software then a contract would exist (offer/acceptance/money changing hands) and the terms would come into play. If I was simply a visitor to a website then I think it would be harder to argue a contractual relationship exists.