[aflag]

I guess you'll need to convince the judge that there's reasonable doubt that you did not create the Facebook account that you use and that you were unaware of the ToS and not acting in bad faith. Not saying it's impossible, but it's not as difficult to enforce the ToS as it has been suggested. They are certainly not useless.

[icedchai]

They are useless in that reading them is pointless since they can be modified and/or enforced arbitrarily. If you violate the ToS, the site might kick you off. If you do something the site doesn't like, they can change the ToS and kick you off anyway.