Doesn't matter; by that excuse I could get halfway through putting warez on the free account and claim "I wasn't really gunna host it."
Here's why it doesn't hold water: the TOS says it doesn't allow Warez at all. Doesn't say -anything- about it actually being in a folder visible to other users, just says "on our servers."
* No Warez! Absolutely under no circumstances do we allow any type of illegal or copyrighted material on our servers. Breaking this rule will get you a permanent suspension, we have a zero tolerance policy regarding this.
A quick search yields that vBulletin is not free; your "free" version has the side effect of being illegal.
Edit: As a side bonus I just confirmed it's definitely a nulled copy. On the ones without a vB license #, if you actually -have- a valid license we can look at getting it removed, but not when you're using the illegal versions of the software. The account's suspension reason has been updated to reflect the new permanent suspension details.