So, if I were to hypothetically say "Binance tech support told me Changpeng Zhao's second-cousin's crotch is infested with the fleas of 1000 mangy curs," I'll still be able to access my binance account tomorrow, and don't have to worry about them stealing my money
This is inconsequential to the matter at hand. And not just the Binance part of the story but the whole thingy with ToS. Okay, we have a totally legit and clear-cut ToS, will it prevent an exchange (a coin mixer, online casino, or whatever entity you can think of) from scamming if they choose so (think Cryptsy here)? Not in the least. Does a crappy ToS necessarily turn an exchange or any other entity into scammers? Not in the least, either. It is what they do and not what is written in their ToS which ultimately matters here (and here reads in this accusation)
The bottom line is that, we should put these terms of service aside if we want to resolve the accusation