And you really shouldn't make claims that Blizz is scanning anywhere they shouldn't be. The HB team, nor anyone else, has ever proven that HB is scanning outside their processes. Just because you don't understand how you got caught, it doesn't mean Blizzard did anything illegal to catch you.
They are doing it. It's in their TOS. Someone quoted the line on another thread. They're not even hiding. Doesn't mean it's legal if they're doing it. As I said, they just grant themselves the right to until someone can prove it and sue them to court for anything related to this.