Is unequal application of a site TOS either a civil or criminal violation?
<p>If a site is not treating all of its users the same way, and is applying the TOS against some users, but not others, is this in any way a violation of civil or criminal law? </p>

<p>On the face of it: neither.</p>

<p>A party to a contract can choose not to enforce a term, this is called a waiver. They can choose to do this on a case by case basis either within the same contract or between contracts, that is, they can discriminate between customers.</p>

<p>Discrimination is only illegal if it is done on an illegal basis (e.g. race, sex, etc.).</p>

<p>Also woth noting, in general, there is no obligation on a private entity to act with fairness, unless the unfairness is so bad it is unconscionable.</p>

terms-of-service discrimination