The most offensive part about this whole thing is the lack of communication, even on the home page there's nothing posted that anything of any significance happened today. The lack of any projected time for servers coming back up is also appalling, I can't even being to think of how many hardcore fans are still up…
I think there's a few companies who's ToS was considered to be ridiculously violating to their consumers and were forced to change it, so just because it's in the ToS does not mean it's some almighty unbreakable law.