Originally Posted by Vyper
Actually it is, provided the terms of that contract are not considered unlawful. That said, prove me wrong. Find me a single case in the United States where the Terms of Service were not held legally binding though the terms were not found to be unlawful.
By using the services you consent to the Terms of Service, just like by installing software you agree to the license agreement.
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Find a single case where they were?
It's not as clear cut as you think. You have to actually show that I AFFIRMATIVELY agreed. Passive agreement is not acceptable, nor binding.
And again, do not carry a force of law anyway. In order for a breach of contract case, there has to actually be an exchange of value between the parties to the contract.
Talk to a real attorney about it, and you will get an education.