Never heard of Toptal before, but I sure won't be using their services now. The Streisand effect is not to be underestimated...
Instead they're getting Annoying™
These are common scare tactics by large investor backed organizations, to try and make all possible competition disappear. They especially target small, bootstrapped businesses like ourselves that are more favored by entrepreneurs for their low-budget hiring requirements. And Toptal knows that we'll never be able to battle them out in courts. So they try to enforce fear to silence us.
It's not going to work this time. I won't be silenced.