...is it still okay to have people agree to them when registering and use the software for free?
I know admins can't monitor everyone's posting, but I know someone who uses Simple Machines V 2.0.2 and herself posts "material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International or United States Federal law" -- probably about two-thirds of these apply. I actually considered filing a lawsuit based on some demonstrably false and libelous things that she and others were posting, but decided to see what people here think. (And no, this isn't just one of those "someone was mean on the Internet, let's go get them!" things. It's a little more intrusive and damaging than your standard flame war.)