You sound like you know a lot about this, and I'm basically a layperson, so please excuse me for asking what are possibly stupid questions--but I still feel like I have to ask them.
> Great, but we need to be clear about who is responsible for use of the account and its credentials. We also need to clarify when it can be suspended or terminated.
Do we, though? I purchased a membership at an ice skating rink last winter, which gave me unlimited entry and access to a private locker. I didn't sign a contract[1].
Is my skating membership any different than an online account, and if not, why are contracts only seen as necessary in the digital realm?
> we need to add some language about ownership and licensing to avoid copyright and other IP issues.
Isn't this stuff laid out in Section 503--the service provider isn't responsible for what their users upload, as long as they take action when they're informed of a violation, or some such? If that's US law, why does it need to get restated in the Tos?
> Do you want to provide feedback? Awesome, but you cannot sue if it is used.
I'm not sure what "if it is used" means, but if, say, someone goes ahead and reuses my review in promotional material without my knowing consent, I think I should be able to sue! That's exactly the problem with agreeing to a contract you don't realistically have the ability to read.
> Do you want to use APIs? Sweet, but there are things you can and cannot do so you don't break or abuse our system.
If someone is abusing your API by, e.g. making too many requests, you should cut them off--why do you need a contract for that?
If it's a private API for businesses, I actually think a ToS is fine. Professionals can reasonably be expected to read business-critical contracts.
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As I acknowledged at the jump, these are probably dumb questions. But--and I'm trying to anticipate your answer here, so maybe it's off base to begin with--if the issue is that a Twitter spammer could sue Twitter for being banned, then we need broader legislation to address that, in a way that applies universally to all companies. Because, clearly you should be able to ban people who spam, contract or no contract.
Although, since restaurants can kick me out for holding up pornographic posters, and I can enter a restaurant without signing a contract... I have to wonder, again, why this is really necessary.
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[1] I did need to sign a waver before stepping onto the rink, in which I acknowledged I might fall and injure myself. However, this wasn't related to my membership, and it was two paragraphs long.