Could a site "Terms of Use" restrict creating HTTPS-E rulesets?
EFF has already covered the issue of Web site "Terms of Use" which may not always be obvious to site users (see https://www.eff.org/deeplinks/2009/11/white-paper-clicks-bind-ways-users-agree-online-te for example.) In the case of HTTPS Everywhere, an issue to consider is whether accessing a site for the purpose of creating a ruleset or testing a ruleset or assessing whether a ruleset would be useful could violate the "Terms of Use" for a site or whether it is not likely to be an issue. In particular, site "Terms of Use" may contain provisions like the following:
"[site] allows you to view or download a single copy of the material on the website solely for your personal, noncommercial use."
"Except for content you have posted on the Services, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services, except that you may download, for your own personal use, one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of the Services over any network, including a local area network, nor sell or offer it for sale. In addition, you may not use the Services or any content on the Services to construct any kind of database."