Companies have to be very careful not to violate their own TOS or Privacy Policies. Its rather hard to enforce a contract that the owner of the site doesn't follow. And if its a breach of the Privacy Policy, that could lead to direct litigation against the company, especially if a company sells off information and the Privacy Policy doesn't allow for such.
TOU or TOS, DMCA and Privacy Policy are all extremely important.
Michael
www.AdultBizLaw.com