[schettj]

If you don't have PAM and you use your phone as a modem in any way, shape, or form, including ICS/Modem/WmWifiRouter/PDANet, you are very likely violating your TOS.

Sprint (to choose one carrier at random) does not seem to care, but can detect this usage no matter what you do... but that doesn't change the violation.

Proceed at the direction of your conscience/guru/priest/rabbi/mullah/whatever-sorry-if-i-left-yours-out.

Yes, we should all be more clear about stating the obvious truth of the above fact. I shall personally endeavor to harsh everyone's mellow by doing so from time to time in all tethering topics in a hopeless attempt to bring harmony to teh intertubes.