Exactly, calling it “illicit” is funny. Your ToS isn’t law.
For example, canon law asserts that certain sacraments such as marriage or baptism can be conducted validly but illicitly, such that the marriage is still considered to have occurred, but it wasn't done the "right way." In contrast, there are some things that, if done illicitly, aren't valid either. (In this case I think it's because there's a notion that there's a supernatural/spiritual aspect to certain acts that transcends whether they're done licitly, whereas certain other acts are purely creations of human law and therefore if not done licitly are void ab initio.)