In the old days, the Agreement specified that a Test Installation was allowed if: It sat in a folder called /testvb and was .htaccess password protected from the general public.
Now: Quote:
You may set up one additional temporary test forum for the purpose of testing code, template and database modifications. Such a test forum must be password protected, and not made available to the general public at any time.
Note the subtle change regarding how to protect it.
I suggest adding in the part about .htaccess protection, would also go well on the Manual page about setting up a test install, so as to provide new customers with a little bit more information on what's required to stay within the bounds of the Agreement.