[gknoy]

I think what tptacek means is that when we sign up for a service, we agree to terms of use. Even if we don't sign it, it might be legally undecided as to whether that counts as a binding contract, nor whether "terminate the user's service" is the only recourse the service provider has.

[lx3459683]

In most of the world it is decided. The decision is click-wrap 'contracts' are unenforceable. Starting with the fact that they don't meet the definition of a contract.

[j16sdiz]

The Wikipedia article on "clickwrap" have reference to 10 different cases clickwrap license upheld by court.