They addressed that in FAQ update. They have also previously committed to not retroactively change ToS for the version you downloaded (https://old.reddit.com/r/Unity3D/comments/16hjic6/unitys_sta...) but they changed their mind.
Given that history I would not put much trust in one vague answer in FAQ without at least consulting lawyer first (including asking how much it would cost to defend if Unity lawyers disagree with your lawyer's take).
And even in the current FAQ answer it's essentially fully up to them to determine what is fraudulent installation or if the install was part of install bombing.