Limits legal liability of the site. Gives site reasons to bar users. But I don't think it should give site the ability to prosecute users. That power should l

Limits legal liability of the site. Gives site reasons to bar users. But I don't think it should give site the ability to prosecute users. That power should lie with the state. If a user hacks to get into a server, the state already has laws against that, just call the cops. But you can't point to a clause in your ToS saying, "User X broke term Y, which is hacking." No. The state defines what actions are hacking.