The point is that you agree not to do this with the ToS, so you are breaking the terms that you agreed with. It doesnt matter if someone does something better and makes awesome CFW its still not legal as it breaks terms you have agreed to.
don't work that way
if it was that simple the courts wouldn't have ruled that Jailbraking iphones was legal.
Its your device, you paid for it. You can NOT be told what you can and can't do with a device you legally own. Terms and conditions or not.