[salawat]

Meeting of the minds is what the other poster is probably closing in on in regards to the qualities of a valid contract. Problem is, most click throughs are made in such a way as to offer no channel through which negotiation is able to occur, and even if that channel were available, most businesses would avoid maintaining it's efficiency as it massively vomplicates pricing and business system implementations if all of a sudden you're dealing with potentially millions of slightly different sets of terms.

The Courts have, in my opinion, abdicated their responsibility in ensuring that a contract is considered invalid by recognizing take-it-or-leave-it clickthrough licenses as valid.

Not doing so, and requiring a negotiation pipeline, would rein in these types of encroachments, because the burden incurred by playing these types of games would provide a better feedback loop to companies on what is vs. is not conscionable.