[Aeni]

I don't see how your point proves this gray area of cheating.

Inconsistency with law enforcement as well as law being conveyed in a vague manner is always a "gray area." I'm not even sure if you understand the legal language and premise of the defintion of a "gray area."

In short, it comes down to how much hair splitting does SE really want to do. Should they be making clear cut judgement across the board without giving weight to player consideration (or "hearing out the case" as it's commonly known) and risk losing potentially 10s of thousands of accounts? Or should they turn a blind eye to some of the more minor infractions and focus their effort on the larger problems at hand?

Exactly as Dak has said. SE doesn't have enough manpower to monitor every possible infraction of the ToS and certainly not enough to go and redress players that have flirted on the outskirts of the ToS framework. In much the same way as a major Metropolitan Police force, much of the effort is focused on taking care of more serious issues.

So, they want to catch someone suspected of exploiting a bug to produce millions of gil effortlessly and with such alarming speeds. However, merely banning someone on the word of another player is risking legal issues and without evidence (let's say that this player is good at hiding his activities) there's nothing to go on but assumptions and heresy.

However, catch the same player Fleeing in a zone for more than 30s (say, he was moving at Flee speed for over a minute now) then you got a damn fine reason to pull him and investigate his account. It can go from a 3-day suspension to permanent removal at this point, depending on what the investigation produced.