I don't think any one area should be excluded, or is a "private" forum exempt from the ToS?
This always challenges a number of people, so let me try to explain...
ScubaBoard has two major sections to it: Scuba and non-Scuba. Mods take a more active role in the Scuba Section in terms of keeping things on topic and friendly. We have not only enabled Google to search this area, we actively help them by giving them a map with key words of the entire site every night. While we actively moderate this area, we certainly rely on YOU to hit the
should any thread need attention.
Within the non-Scuba section, we have again split our efforts. The Surface interval gets less mod attention and the Pub gets almost no attention. These are opt-in forums and peeps should know what they are getting into, and they can always opt out of them quite easily. Obviously, we rely more heavily on the
button in these threads and are far more reactive than proactive.
When it comes to private areas, like Private Messages and Private Groups, we have a complete hands off approach UNLESS they get reported. Then we come in at the request of the reporter and check things out. It's not that we suspend the ToS in these threads, it's that we have no business, manpower or desire to meddle in your private affairs. However, if you feel abused, stalked, threatened or the like, we stand ready to jump in and set things right.
There are a number of Forums who like the Big Brother approach, and by all means: if that's your shtick, you should utilize them. It's certainly not my shtick, and I believe that a moderator should be respectful, friendly, helpful, kind and knowledgeable. Moderators who abuse their powers are rare, and they are quickly dismissed from their position of authority once we find out.
The flip side of the coin are the users who take up an inordinate amount of Mod time, patience and energy. If you keep slapping a person in the face, they are sure to run out of cheeks to turn!
I know this is about mods, and I hope this helps you to understand how and why they operate.