That hasn't been said. The TOS states that you can't demand mining at that pool but that they at least will reimburse what you would've mined there if they hadn't in your case. Doesn't say they DON'T mine. Just says they don't have to.
Like rdyoung said, legal reasons.
Stop being a moron, it's a difficulty derivative. You're not paying for miners.
Exactly. But if its a derivative, there has to be two sides to each "bet". Where is the "other" side? E.g., if our money (that was supposed to purchase a miner previously referred to by GAW as a "software miner") actually went to placing bets on derivatives of difficulty, then there must be someone on the other side of the trade losing money, betting the other way, so that GAW's pool can gain money.
How is that possible? Even if it is, there are enormous risks to both sides. Where is the risk disclosure?
That is now clearly, very clearly, an illegal unregistered security. At best. At worst, a ponzi or pyramid scheme.
If GAW has something really brilliant underneath the derivatives hood, then they need to give full disclosure. Because what I bought was a miner. What I got was some kind of black box security with an undisclosed risk profile.
Not cool.