@sarahjamielewis IANAL, but my view is that the ToS is irrelevant to anyone not directly in a relationship with the instance(s) with the malicious ToS.
Even if the instance I use federates with one and supposedly, by federating, "accepts the ToS", I did not enter into any agreement with my instance to allow them to sublicense my writing in any way, much less under some third party's ToS. So the instance has no standing to license it.