There is nothing in the ToS that states in any way, shape, or form, that they can sell their data. I challenge you to quote the exact place where it says that.
If a company drafts ToS and then plumb violates them, well, it'll be found out eventually and then you get things like the recent debacle with telco data being sold (https://news.ycombinator.com/item?id=15477286), and then the company(s) in question will either get completely shredded or their reputation will at least be seriously besmirched.
I can see the logic of what you're saying, but at the same time I can't see how it would hold up. If you can show me how it would work I'm listening though.
If "Don't sell customer data, even surreptitiously" isn't in those bylaws or articles, then the company is free and clear to do that. ToS says how you can use THEIR service externally, not how they internally operate.
Apologies for not replying sooner; I didn't see this until now!