I agree. Which is why most TOS make sense when aimed that way. Sadly some ISPs find it easier to make broad legal strokes to cover their backsides later on.

For example: I run my own email server from my basement. Who uses it? Me. Maybe my dog... but mainly just me. Yes, it is technically a server, so yes technically my ISP could shut me down... but with a daily throughput of what, 10mB? I doubt it.