"Wins?" I'm not quite sure what you mean by "winning." In this case, DO is enforcing _their_ own TOS, on content that is served from _their_ servers. That seems legit to me, whether or not I think it is the right thing for them to do. Is there a law stating that they don't have a right to do this?
law always win of course, the TOS are always full of stuff that is unenforceable in the eyes of the law.
That being said you do need to hire a lawyer to check if thats the case every time and thats spendy.