I'm sure the user agreement was adequate when this site was first launched. However, things grow and change, and since BrainKing was first born there have been some quite drastic changes! I don't think even Fencer could have predicted the growth direction. He did say right at the start that genuine playing couples would be allowed, no problems. Its single people pretending to be a couple so they can have more than one account that the user agreement seems to be directed at.
Everything is subject to change, and I daresay Fencer has had more important things to do than examine old user agreements to make sure its up to date. Obviously now it needs amending.