[jlangenauer]

Is it conscionable to say that a ToS, which most people won't a) read and b) understand, even if they did read it, should be enforceable at all?

The power relationship between a corporation and a user is one of extreme imbalance - the corporation can set the terms, and usually modify them at will, and usually does so to the interest of it and its investors.

Lawyers, by and large, seem to labour under the delusion that if legal matters can be specified precisely enough, then they will compile into reality. This isn't the case, and we have now reached a situation where an individual is required to deal with more agreements than s/he could possibly fairly comprehend. Anything that serves to remedy this situation is fine by me.