Questioning my competence when you argue something blatantly wrong is quite ironic! tpepsi hit the nail on the head: Eccie’s terms do not form a contract with Erotic Monkey (barring a critical fact we don’t have). Further, even if this language were from a contract between Erotic Monkey and OP, there are still debatable issues: acceptance and reasonableness immediately spring to mind. Ohh and politely fuck off.
@Kimber
That is unfortunate, but it is not uncommon. Many websites do not understand tortious limitations on the Free Speach Clause. The question you have to ask is if the juice is worth the squeeze. A takedown or cease-and-desist letter costs about $500, and such letters are met with mixed results. Letterhead may or may not be persuasive. Unfortunately, litigation is the most reliable approach, but it can get costly quickly.