What is the prudent course ? You decide.
First, you are missing the catch-all nature of the provision, it has NO mention of illegality. It simply says that they can seize your money if they close your account:
'8. Account Closing Service Fee. If Your Account is closed by Us and there
are funds remaining in Your Account, We reserve the absolute right to
charge Your Account an Account Closing Service Fee up to the balance in
Your Account."
Anyway, pretend DOJ sends them a letter which says, you can stay in the porn business, but,
"Cease and desist any gaming related business and close all US player accounts which have any deposits to online poker since the beginning of time or the UIGE Act."
The point is that, epassporte can seize your funds, "in our absolute discretion". .... which then makes a prospective settlement of any threatened DOJ charges against them a LOT easier to fund.
Who represents you ? Remember, you agreed to this T&C.
So, prudence seems to say Do NOT keep any epassporte balance, use them only as a cnduit if you need to do so to deposit or, with a some interim risk, to cash out.
FWIW, Epassporte also expressly says they are NOT your trustee, agent or representative for any funds they hold.
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