Whatever, that's splitting hairs and not relevant to the main point.
If someone is writing a program to send out unsolicited e-mails on behalf of other parties, it's pretty unlikely that they're doing the due diligence. I don't know what happened but I think it's funny that all the responses are "Aaron Greenspan is a whiny loser".
Also, I don't read any company's TOS when deciding whether to do business with them. Do you? I go by their reputation. If a company has a bad reputation then it makes me less likely to do business with them.