Edit: To be clear, I'm not defending that practice, I'm simply pointing out that it doesn't seem to be uncommon and it's apparently enforceable.
diagnosis: nonsense
treatment: contract law 101
Then I'm at a loss for why bitcoinica didn't go after Linode? I'm sincerely asking here, I don't know much about contract law. Was it perhaps because the entirety of that theft was in bitcoins and bitcoins aren't recognized as having any value (I don't know how that would be the case)?