[dctoedt]

> Setup a Facebook account for your grandparents who never click agree. Are they then bound by the TOS?

My guess is that a court would ask: Can you reasonably be said to be the "agent" [1] for your grandparents --- that is, would a reasonable person, taking an objective look at the facts, conclude that your grandparents had authorized you to make binding agreements on their behalf --- for the kinds of transactions specified in the TOS?

If that's the question, then:

-- You probably are your grandparents' agent when it comes to agreeing, on their behalf, to the "customary" terms in TOS, such as (for example) a statement that the Web site owner owns all content;

-- You probably are not your grandparents' agent for purposes of agreeing to pay a $10K annual fee, and therefore they wouldn't be bound. (You might be bound, though ....)

[1] http://en.wikipedia.org/wiki/Law_of_agency

[drdaeman]

I had read, someone had made their parrot click the confirmation button. Or maybe it was a cat. I don't really remember the details.

[cmdrfred]

I'll use logmein or vnc on anyones machine and of my own accord click "I agree" for them for a small fee.

[yourad_io]

And under what terms do you provide that service? :)