I believe a country's legal system takes precedence over a private EULA, so it's quite possible some local law may prohibit such clauses in EULAs.
Also, how would anyone know if a group of friends created a private server (with a whitelist) and shared the hosting and hardware costs among themselves? This would de facto amount to a "paid server". I can't believe this is really prohibited by the EULA
I figured playing on a paid server might be a good motivation for the admins to maintain the server and service their customers and also a good motivation for the other players to be decent and respectful to other players. I don't want to waste weeks building stuff only to find one day that the server no longer works or some griefer destroyed everything
I don't know of any countries prohibiting the EULA, i don't see why they would, and hey, I'm no lawyer, you go research it if you like.
What you describe isn't really what I was getting at, so yes, obviously that's legal. The thing is, I very much doubt a public paid server like I
was getting at would be easy to find if at all existent.
The best way to ensure you're on a server without things like griefing and awful admins would be just to play among friends or a small group. The next best thing to do if you want to have a larger sever to play on, though likely for free, would be a whitelist.