From my understanding of the follow-up Q and A's there are a couple things that are donator perks that are disallowed by the new EULA.
"You are allowed to sell in-game items so long as they don?t affect gameplay
We don?t mind you selling items in game, but they must be purely cosmetic. Pets, hats, and particle effects are OK, but swords, invincibility potions, and man-eating pigs are not. We want all players to be presented with the same gameplay features, whether they decide to pay or not."
This includes kits and fly command.
"Can I charge for access to server commands?
Yes, as long as their effects are purely cosmetic. Commands that affect gameplay, such as a command to fly, cannot be sold for hard currency."
Just to clarify above comment
"Can I sell ?kits? for hard currency if I provide a balanced alternative for non-paying users?
If the ?kits? contain gameplay-affecting features they are not allowed. Gameplay balance is not relevant to the EULA. If the items included in the kit are purely cosmetic, you can charge real money/hard currency."
Further Clarification
"You cannot charge real-world cash for in-game currency
We don?t mind in-game currencies which are earned through playing, but you are not allowed to sell them for real-world cash. Remember ? if the stuff you sell affects gameplay, we?re not cool with it."
Can't sell soft currency for hard currency
Now with that said there Rich brought up the point that they are donations not selling but here
"You are allowed to accept donations
You are allowed to accept donations from players. You can thank them publicly or in-game, but can?t give preferential treatment for donating. You are not allowed to restrict gameplay features in an attempt to make money."
That means the donations are not donations, they are charging for certain perks except for Name color change and joining the full server. With that said I understand the server costs money and it goes towards running it but I think its a bit naive to ignore the changes and continue with the current revenue.
If anyone has any counter points I am very interested in reading them as there are plenty of grey areas here. I'd love to hear more.
Sirwilliam732
Sources:
Original FAQ for donations
https://mojang.com/2014/06/lets-talk-server-monetisation/Follow up Q&A
https://mojang.com/2014/06/lets-talk-server-monetisation-the-follow-up-qa/