They could. The live T&Cs absolutely state that they have given themselves the right to fine me if they deem I have breached their very wide and vague acceptable usage policy, and it states that if one has an account with them, one agrees to this. Would they fine me? I don't know. But as much as they keep lying about the terms existing and then claiming they are in error and will be changed (but don't know when), at this point they absolutely could fine me if I did something they felt triggers it. "Trust us we wouldn't" is very different to "we can't".

As the Truckers in Canada found when their banks closed their accounts, or when GoFundMe initially kept all their donations and gave them to other causes and wouldn't initially refund them until people made a big deal about it.

Same thing here - they've given themselves the ability, they've been caught, and aren't in a hurry to undo it, if at all.