TOS clarification

[Byrth]

I'm going to make a statement here that I believe to be correct:
* There have been 0 cases of SE banning exclusively for windower (and windower-endorsed plugin) usage. Every single case where someone claims to have been banned for windower usage eventually is revealed to be false. Either they've RMTed, botted, or used third party tools beyond the scope of windower. Windower has been committed to improving FFXI gameplay experience without unbalancing it and maintains very tight control over its source code for that reason.

Follow the logic here:
1) Because of section 3.1c/d of the member's agreement, the only way we can determine the effective TOS is by watching it in practice.
2) Banning (temp or perma) is the only real penalty associated with violating the TOS.
3) To date, no one has been banned specifically for windower usage.
4) If 1, 2, and 3 are correct, then it naturally follows that Windower usage isn't against the effective TOS.

The reason SE doesn't release a windower with all the functions that the unofficial windower has is that the PS2 and Xbox players would be unable to take advantage. The reason that they don't enforce the TOS with regards to the windower is this:
Stats on windower usage- http://www.jpbutton.com/?page_id=3113
NA community's reaction when asked about it- http://www.jpbutton.com/?p=573
JP community's opinion towards windower (tl;dr: you get the same spread of reactions as NAs, perhaps more towards the rule-following boyscout side)- http://jpbutton.bluegartr.com/?p=1797

Subnote:
I've heard of one case where someone got their final account strike (after several previous offenses related to botting) when their computer messed up and they started shooting out Unicode characters in the shout channel, which you can't make without using a third party program. They were sort of indirectly indicted and banned for generic third party program use because of this, but they were hanging on by a thread anyway.