Just a suggestion
What if the motd page displayed the basic rules when a user joins the server, and had a 5 second wait period before you can continue?
This would ensure that a player cannot claim any ignorance to any rules, and won't get kicked. Only issue is some people have html mods disabled.
We could also simply reintroduce the old system except remove the kick feature, just leave the one for "I have read the rules."
Which would again, invalidate any claim of ignorance.
I can't speak for other servers, however when I slay new players for stealing I hear very often,
"I didn't know that was a rule."
"How did I die?"
etc...