This is where the "business" of the site comes into play. If a site is determined by Google or third party site vetting service to have active malware links, then all search functions/results for the site posting the link get removed and the site has to apply for reinstatement after filing with multiple organizations. Sites can literally be off the search grid for several months. I've had to do this for a client - their site traffic was significantly reduced for that period of time.

As for different TOS policies and licensing language, well, this is why there are so many attorneys in the world helping businesses play nice with each other.