Alright, just did my homework on this and I'm trying not to laugh myself to death Smashy.
For that part of the ToS, Open World PvP and "Ganking" is normal flow of game play on a PvP server, and not covered by the ToS. If you had a way to do it on a PvE server (Like found an quest npc you could kill, and kept camping it) there may be an issue.
Secondly, Bioware apologized for the issue on Hoth for the GM's actions, which were not in keeping with Bioware's standards. The GM contact people via /say which is a no no... he threatened accounts, and possibly even tampered with evidence. The apology was also to those who were accused of fake claims, as the original investigation suggested. The GM was disciplined for his rogue actions, and clearly was acting this way without their approval.
Apology quoted below:
So your little story -still- does not disqualify the ToS's version of exploits.
Further more, your "Bioware's definition" of exploits is wrong. Upon rereading the article Busting Bug's and Fixing Exploits
it is (1) older than the ToS, which I believe we all recently re-agreed to when F2P hit, and (2) is a narrow article specificly dealing with bugs and exploits due to bugs. Never does it say all exploits are bugs, and it also shows not all bugs are exploits. This is not a broad enough article to make a definiton from, and it is not as recent or as actionable as the ToS.
I also would like to bring in the Ilum Exploit, which is around the same time as your article. Ilum PvP Issues
. Notice they never refer to the exceptional valor gain as a bug, and only comment on it as "Unintended by the design team."
In that case, only the worst offenders had action taken against them, even though Bioware determined the use of Ilum's unitended design flaws was against the ToS. Could they have taken action against -everyone- who stepped foot on Ilum that day... yes. Yet they didn't, because Bioware and EA can enforce the ToS at their discretion
... the wonders of having your own little empire lol.
-.- so again, We will probably not get an answer from Bioware if it is considered and exploit, and it may not even be "fixed" for some time as it's not an -emergency.- Neither one of us can prove what Bioware thinks, and we're left to logical reasoning and the few documents we do have. By the ToS and through logic, this is an exploit.