I disagree with everything you said. You're coming up with legalism and technicalities to justify not being accountable for accepting a ToS without reading it or being annoyed by the consequences of accepting it anyway.
itch.io is very rigid and strict withh how creators can use the email tool, to the point we can't even know who we are sensing emails to and we can't send more than one email in less than 24h.
The follow + devlogs features are not enough, especially when you want to build a relationship with customers to make a living out of your honest work.
It's easy to get 100 games for $5, but if you don't want to hit a simple "Unsubscribe" button when you get and email from someone with genuine concern to offer you something you might like...maybe just purchase the bundle without giving off your contact info, that's a simple workaround. As a DCM free platform, itch.io let's you download without providing your contact info. You can even request the download link whenever you need it.
It's inconvenient, but at least you don't get "annoyed" by people trying to make a living out of their passion.