Highly unfair that you aren't paying him, TOS or not. Additionally, one could argue that your TOS is bad to begin with. It could be re-written to properly accou

Highly unfair that you aren't paying him, TOS or not. Additionally, one could argue that your TOS is bad to begin with. It could be re-written to properly account for this situation. This guy did not have malicious intent - that is the bottom line and all that matters here.