[mkramlich]

The problem with ToS is that by the time you reach the point where they show you a ToS you were already otherwise sure you wanted to do the desired action in question. Then they show the ToS, and while yes you have the option of not agreeing to it, the dilemma is that by declining you would then not get the bright shiny thing you've already clearly indicated you wanted by the fact that you reached that point.

Also, they are incentivized to make a ToS long and use a small font precisely because the user is less likely to read it and just hit Agree anyway. So they can bury whatever evil things they want in there. Therefore, the whole thing is a sort of pox or anti-pattern.