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Well in all fairness, I would assume that most API's and Services have some form of disclaimer.

What TOTALLY 100% open service have you ever seen?

This. Frankly, there has to be TOS around any API released, because there are always nefarious uses just waiting to be exploited by non-"legit" consumers.

I realize that "legit" is a subjective term, so well, that is why TOS for API's are needed.

This. Frankly, there has to be TOS around any API released, because there are always nefarious uses just waiting to be exploited by non-"legit" consumers.

Actually, you can (and should) build protections against spam and improper use into the protocol instead of relying on a centralized gatekeeper. All truly open systems do this.

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