Sure, the odds of Apple coming after you are low. But that doesn't mean that it's any less of a violation of the license agreement that you agree to when installing the software. AppGratis also thought they were in the clear with their ToS issue.
TL;DR use your common sense
http://www.law.cornell.edu/uscode/text
Here are the ones that it is OK to break:
(Most of the rest)
A ToS, on the other hand, lays out terms for the ongoing use of a service. If I violate the ToS, the service provider is within their rights to decline to provide me service. They're within their rights to do that anyway for nearly any reason they feel like, because this is an ongoing relationship and I don't have them enslaved. Beyond that, they could also sue, at which point things get a bit murky.
There's nothing wrong with breaking a EULA, and their legal enforceability is worrying. There's also nothing wrong with a service provider terminating service when a user breaks a ToS, which is what happened here.
There's no inconsistency.
Luckily they're not legally enforceable (at least in the U.S.) under many circumstances, though you may not want to take it to court since you could get unlucky: http://en.wikipedia.org/wiki/End-user_license_agreement#Enfo...