Well, they are granting you a license to download the copyrighted content. That's the consideration you get in exchange for paying subscription fees. IANAL but

Well, they are granting you a license to download the copyrighted content. That's the consideration you get in exchange for paying subscription fees. IANAL but it seems doubtful to me that copyright law on its own (without the anti-circumvention parts of the DMCA) could be twisted to produce criminal penalties for downloading licensed content in a non-streaming way given that it's legal to download it in a streaming way. And ToS violations are not criminal acts.