The ToS contains GUIDELINES for behavior; if you want to play legal eagle with us and consider any and all "offenses" not specifically enumerated in the ToS as fair game, then go ahead: try us.
The ToS is there to help if you're having a hard time understanding what generally constitutes being a pain in the ass. However, I believe there's a blurb in the ToS that basically boils down to any one of us banning you for a systematic series of minor, individually non-bannable offenses -- basically, if we think you don't contribute jack or if you get off a little too much on tweaking our noses, we'll ship you down the river.
I have no control over whether or not MAF does or doesn't get banned, although I wouldn't ban him anyway because he's an RL pal. Life's not fair that way. We're not some sort of idealized utopian experiment here, and you'll feel a lot happier if you accept that. Chances are, though, the longer you're around, the more you contribute, and the less fire you stoke, you'll earn the benefit of the doubt. My Lord, half the mods would LOVE to ban SolidSnakeX, but they don't because he's earned his stripes. It's the one inimitable rule around here: pay your dues by not being a pain in the ass for a year or two, and we'll get off your case and give you some freedom to stir the pot. By then, we've gotten to know you, and like you or not, you've become a predictable element. MAF has contributed a great deal, has been around possibly longer than anyone else, and has made this forum what it is in many ways. He has a big-ass old free pass, and he uses it with a sort of predictable prudence (although not enough to save his modship). He's part of the old school coterie around here, and they officially rule this shop.
If you don't dig oligarchies, even when they're largely benevolent as this one is, well, there's other forums. GAF won't change just because it isn't currently benefitting YOU. You wanna join the cabal? Read between the lines, do the time, and you can fill DS threads with pictures of hotdogs, too.