Their messaging system, and they permitted the messages. How is this Amazon's fault?
eBay is taking the ridiculous stance that it's TOS provides liability to the customer for using their service wrong. If I made a website with a TOS that said "Anyone who browses to this website and fails to click the 'get lisence' button in the footer on EACH PAGE owes me $1 Million Dollars!", I'd be laughed out of court trying to enforce it.