To my mind this doesn't need a change to the TOS.
Coming relatively soon after you posted about the unreliability of beta testers, it's not that surprising that someone would refer (albeit obliquely) to this when replying.

Have you contacted the Poser mod(s) to register a complaint ?
If you have, and your not happy with their decision, you can always contact one of the admins to see if they have a different view.