Terms of use is local US fiction of wishful thinking. Nobody cares. You make something available, it's up to the consumer to decide how are they gonna use it. You don't want people to use your stuff how they please? Get off the market.
Morally equating both sides seems distasteful since the relationship is mostly dominated by the companies. In a free competitive market it would be different but since were are talking about oligopolies/monopolies it obvious doesn’t work that way since there is only an illusion of choice.