2010-01-23, 05:15 PM
Hope4 Wrote:The ToS makes it clear that we are just users of their stuff.
Little known fact - 90% of what goes in a ToS has no legal basis and can not stand up in court. It's there to discourage the attempt.
If you think you're bound by a set of rules you agreed to you are less likely to challenge them. It's all psychological.
A ToS can not define or amend law, they're bound by it and within it, and superceded by the law when they conflict.
I can write a ToS that says you agree to be my slave for life, get you to sign it in blood with 20 witnesses and a notary and it still has no binding value because it violates both state and federal law. This is one of the first things a business law, especially an internet law class, will teach you regarding contracts.
It's not having what you want - It's wanting what you've got.