When you agree to the EULA in the server settings, you do not agree to the Mojang posts: Let’s talk server monetisation! and Let’s talk server monetisation – the follow-up Q+A
This could cause problems when Mojang wants to accuse someone because in the referred document "make commercial use of" is not more described in detail which would mean that every server getting money by sponsors or donations is also illegal. This is because the Mojang posts aren't mentioned in the EULA document and so accepting the EULA in the server settings probably also doesn't cover them.