[marlowe221]

Congress or a state legislature could pass a law that says "No terms of service are ever enforceable" but to my knowledge no one has done that.

So, under the current state of the law whether or not a contract is enforceable depends entirely on what the terms in that specific contract are.

Unfortunately, this is yet another instance where the law has failed to keep up with technology. Contract laws (at least in the USA) date back long before anyone ever dreamed up the idea of a EULA or ToS. Our laws contemplate two or more parties with roughly equal bargaining power sitting down and hashing things out, and go from there.

Laws based on that assumption are a pretty poor fit for a world filled with EULAs and ToS but it's what we are stuck with at the moment.