Nope, it's not. It's in the terms of service. If you don't like that, don't sign the contract with them. Steal it if you want to. I'm cool with piracy, just not with the poor attempts at justification.
Seriously… these people are just bending over backwards to make themselves feel better. You’re stealing. Just acknowledge that and be done with it. Don’t make lame excuses for why your stealing is ok.