[redial]

Well then, since what you are saying is that a contract only one part agreed to is a valid contract,

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[dahart]

+1 for the lols. You seem to be arguing against me for the existence of EULAs. Maybe you're not aware that these have been around and their validity has been debated for decades? Lots of people are super bugged by them, just like you are. I think's it's fairly lame too. I didn't write the EULA, and I don't care if it's a valid contract. But no matter what you say to me, no matter how much sarcasm you use, the fact is that LinkedIn's EULA says that by visiting their site, you are agreeing to their contract.

The real point I was making is that LinkedIn is establishing that they are not offering a public service. It doesn't matter whether you can be bound by their contract, the EULA is more about covering their own asses when they do things like refuse service to HiQ. The wrote the rules so that it's clear what things you can do to get banned. Regardless, they have the right to ban IPs or specific bots or whoever they want, because even though they let anyone access the site, that doesn't mean they have to let everyone access the site always. Like it or not, them's the facts.

[ryanwaggoner]

the fact is that LinkedIn's EULA says that by visiting their site, you are agreeing to their contract

So what? The whole point here is that they can say and think whatever they want, but it doesn't make any difference if the law disagrees.