Just as an FYI, torrents are NOT against TOS. It's what's in a given torrent that make it's use legal or not.
I guess that depends on how you interpret 12(c)(x) of the TOS: "using automated connections that allow web broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer file sharing". Does BitTorrent automatically connect to another machine to facilitate peer-to-peer file sharing? It's one of those rules they can enforce when they want to and ignore when they want to. Point being, they can use it as a justification for why they don't need to provide very much upstream bandwidth.
