I've asked my contacts at ESRI The Netherlands for a clarification and as long 
as tiles accessed through their API there is no issue.

See also the human-readable version of the ToS which ESRI created recently:

http://help.arcgis.com/en/arcgisonline/e800_summary.pdf

Best regards,
Bart

-- 
Bart van den Eijnden
OSGIS - http://osgis.nl

On Oct 22, 2011, at 2:45 AM, Stephen Mather wrote:

> Hi,
>       This reminds me of the TOA issues associated with the ESRI FGDB API 
> with respect to single use licensing vs. server, ala Paul Ramsey's post a 
> while back.  It seems like an opportunity to bring ESRI in on the 
> conversation and see what their intent is, and whether there's an opportunity 
> that they are missing with these restrictions (but best to be cautious in the 
> mean time).
> 
> Best,
> Steve
> 
> 
> On Thu, Oct 20, 2011 at 5:45 AM, Bart van den Eijnden (OSGIS) 
> <[email protected]> wrote:
> Hi,
> 
> Bryan McBride posted a bit on Twitter about this, but it seems that ESRI's
> ToS [http://www.esri.com/legal/pdfs/e-800-termsofuse.pdf] does not allow
> third-party clients to access the web services (however this seems to
> differ among services since some are licensed CCA instead).
> 
> Section 4, item f of the ToS reads:
> 
> f. Provide others with access to Web Services through non-Esri software;
> 
> So this probably means that we are validating their terms by some of our
> examples, especially:
> 
> http://dev.openlayers.org/releases/OpenLayers-2.11/examples/arcgiscache_ags.html
> 
> which uses:
> 
> http://www.arcgis.com/home/item.html?id=f2498e3d0ff642bfb4b155828351ef0e
> 
> However this example does not work at the moment. But we might need to
> take some action in this regard.
> 
> Best regards,
> Bart
> 
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