It would not violate the TOS, but DNS nameserver changes can take 24-72 hours to propagate
Actually I have been shocked this year. I have changed name servers for a number of my domains and 4 hours later I was able so see them from my ISP. I went to work where I use a completely different ISP and they worked there as well.
I think this whole propagation issue is getting better. Most ISP's are updating far more frequently because its probably tying up their support lines. Now I can only speak for myself but on Sunday I changed name servers for a friend and again I was able to see the domains fairly quickly. I know it was not a cached copy because I cleared it and I changed the background color for the site on the new server.
In Canada our ISP's seem to be on the ball and updating quite frequently