I have maxed out my 5 hour limits and my weekly limits fairly regularly, when I did a bunch of editing work on long form writing next to having CC run a few coding tasks over the xmas holidys - I only slept a few hours at night an timed those roughly (by chance) with my limits.

I neither got a warning or a ban or anything - and that was with the double token amount during those days.

So I don't see human usage being something they ban for TOS violation, like you describe. But as always YMMV.