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SM breached the contract himself when he violated the ToS.

True, but then it's on MailChimp to prove it. They're definitely open to arbitration. I wouldn't want to be in that position.

Why not? It’s so clear cut it’d be a slam dunk for MailChimp.

> True, but then it's on MailChimp to prove it.

No, it's not, unless they want damages or some other government-imposed remedy.