The TOS line -- or in other words, "stupid" people deserve to get fucked -- is a total pussy move. It's a cop out in the most obvious way.
A cursory reading of the FTC website makes it more than apparent that everyone here is a deceptive advertiser within the spirit of the law. Claiming anything else when doing AM in weight loss, ringtones, grants, or any other scammy re-bill flavor of the month is total BS.
Yeah we all gotta make a living, and I'm as guilty as anyone, but call a spade a spade people.