How can there be some supposed contract you enter into when using a website when there is obviously no such thing for a website's nearest analog counterpart, a newspaper?
"Terms of Use" is simply one more encroachment on the rights of the public by corporate interests.
And I say this as a website owner. If terms of use are allowed, then the Patrick.net terms of use say that you may not read the Patrick.net terms of use. There, you've already violated it, and you owe me billions of dollars because you agree that your reading of the terms of use causes Patrick.net "irreparable harm".
What utter bullshit.
PS Inspired by Craigslist, Apple, and Southwest Airlines' draconian and psychopathic Terms of Use agreements.
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This is a typical example of "stomp on the innovator":
http://www.paloaltoonline.com/news/show_story.php?id=27292
Then there's Craigslist's lawsuit against Padmapper for using Craigslist data better than Craigslist itself was.
The idea that a website should have the right to impose some contract on you merely by your use of the site is just wrong.