If NerdDinner had ads, would the Bing Maps compoment have licensing costs?

Question

If I hosted NerdDinner and had google ad-sense would I be a commercial user of Bing Maps / Virtual Earth thus have licensing costs?

I've looked and found this question: http://stackoverflow.com/questions/828853/virtual-earth-or-google-maps and the TOS: http://www.microsoft.com/maps/product/terms.html but neither answer my question..

I've found some articles that say as long as the site is free to use, then you fit into the non-commercial clause. But these articles are from 2006, sometimes refer to google maps, and often express confusion. I'd prefer some backup, rather than opinion if at all possible.

Answer 1

IANAL, but your best friend is careful reading of the MSFT Bing MFE TOS, which you've already linked to in your question.

I'd also send Microsoft an email asking whether they would consider that commercial, but I don't think what you're talking about is commercial. Per the TOS:

* Licensing or selling Applications that use or access the Service; or
* Offering goods or services for a fee through your Application, or promoting
  locations at which such goods or services are offered.

is considered "commercial use".