[checkyoursudo]

I am a lawyer, and there isn't really an easy answer to these questions.

TOS are a lot like EULAs. If they look like contracts of adhesion, then they're going to get more scrutiny and skepticism. The TOS that you claim applies even to every single random visitor to your site where they do not in fact affirmatively agree to the terms is potentially going to look more like a contract of adhesion. That's a lot harder to enforce.

If they are used more for CYA so that you can ban undesirable accounts from your website which people explicitly agreed to when they signed up for it, or so that you can just up and alter your entire business model without having to give all of your customers refunds, then they're easier to defend.

Just my general opinion, of course. Every jurisdiction is different.