Just becasue something is in the ToS does not make it enforceable or legal, this usually applies when the Terms are sufficiently unfair or too broad, I would not knwo the specifics here but the point remains that just because they details it in the ToS/Terms and Conditions does not make it binding. I am sure that someone who had a premium account (i.e. paid for a service) that lost significant data could pursue a legal claim with a suitably friendly legal team, i.e. happy to take a punt in return for a share fo significant damages.