Which world are you living in? So many sites(Including popular sites) are already using the TOS as their shield cleverly in order to justify themselves and avoid paying out customers even though it's unethical.
I wish I was living in a world where people actually read my answers before commenting.
But this being the real world I'll just explain it to you again. A site can do whatever it wants within the law. What's written in ToS does not provide any shield. The inclusion or exclusion of anything in the ToS has no bearing on the laws a site operates under.
Unethical /= unlawful
*Choose which sites you use based on how ethically you think they behave rather than what is written in a ToS.
Only time will tell whether your site will follow in their footsteps or actually do whatever you boldly stated.
Only time will tell how many of you will admit that I was correct.
* Just a little point on this. freebitco.in does have very good lawyers who are experts in this field, but as I've already stated that I'm not a lawyer. I have been doing this for a number of years and have had to do quite a bit of research to answer some questions rather than pay the lawyers hourly fee. I don't know CR law but as a Brit I can cite English and Welsh law on gambling.
Bets are defined as being a "gentleman's agreement" and are not legally enforceable.
I agree with you that not paying out fair bets is unethical but however I will point out that it isn't illegal. I would never use a site that has a reputation for not paying out winnings. We certainly have no interest in ruining our reputation.