I agree on the infallible part as people can and will make mistakes. However, I doubt they'd make an error on banning someone who is abusing this mechanic for a laugh or two compared to someone who is doing it with malicious intent. The ToS/EULA is basically the equivalent of law. If people choose to ignore it, no harm, no foul, move on. If it gets elevated to someone with power to make a decision, then it should be followed as the rule states, not based on what the person feels like doing as a result.