...it has to be noted that the terms of service URL can be explicitly defined. If you want more control over look, colours, fonts, etc then why not just make the terms of service a page and hide it from the node list.... you can then set the ToS url to the page you just made.
It's really not such a big deal is it?
It is not a big deal for people who already know the software inside out, I'm talking about for people new to administrating a forum with little tech knowhow.
But anyway, what you are sayings is not the default behaviour.
user friendliness and/or intuitiveness is helped a lot by consistency. You see one thing in one way and expect similar things to be the same.
For example, it has been explained why terms has to be a translatable phrase. In that case (and I accept that entirely and unconditionally) so should the contact page, privacy policy and help pages.
These are the standard site info pages people expect to see in a menu, often at the bottom of a page.
Yet these four are treated differently:
Help page is a separate menu item in the ACP home tab - nicely obvious
Privacy, terms and contact are all mentioned in basic Board information, but each one is different.
Privacy is only available as a page you make yourself (so not available in different language
Terms and contact both have a page already (by default) but only terms has its text as a translatable phrase.
Surely if terms is deemed to have to be translatable for multilingual forums, so should the help and privacy?