[codingdave]

Contracts fall under civil law. There is no statutory definition of what constitutes offers and acceptance. So in this case, were I a lawyer, I'd argue that the TOS is a legal contract, and by using the site, you have implicitly agreed to the definition of contract acceptance specified in the TOS.

Whether it holds up in court is a different question, but this lawsuit at least gave a precedent.

[jsprogrammer]

Do you have any examples of implicit acceptance of arbitrary contracts merely through accessing a network resource?

[codingdave]

Of course not - The contract would be made when money was exchanged, not when the site was accessed.

[jsprogrammer]

Sure, but the money is exchanged between kickstarter and the participants (backers and makers). The participants don't exchange directly with each other.

[codingdave]

Yup, that is a likely counter argument to be made in court if anyone ever sues over these issues. As I said, though, this is civil law, so it would come down to how lawyers argue it and what judges think. In civil cases, answers are rarely black and white.