[TomSwirly]

> How would someone convince the court that you never agreed to the TOS?

If you live in the US, it turns out that EULA (which TOS are a subset of) are completely valid: https://www.canlii.org/en/commentary/doc/2006CanLIIDocs118#!...

The argument that you provably never read the EULA is apparently no form of legal defense, which I personally feel shits upon the letter and the spirit of the law, but that's an unfortunate consequence of living in a society where business is the pinnacle of everything.

Now I live in Europe and that sort of shit absolutely doesn't fly here - EULAs are not enforceable.