[Tangaroa]

What we need is a court ruling that people who click through these things have no intention to be bound by the contract, and therefore aren't.

[icebraining]

Then why couldn't that be applied to other contracts, particularly services? "I signed it, but I had no intention of being bound by it".

[GeneralMayhem]

Maybe it should be. Contract law was written/established to govern negotiated agreements between comparably well-informed parties, not untold pages of labyrinthine jargon attached to every transaction that the consumer won't understand and doesn't have a chance to argue except by refusing to use the service. If you as a business (who has significantly greater resources and expertise, and therefore greater responsibility, than the customer) want a random person to sign a legal document with you, you should have to go to some reasonable effort to make sure they understand what they're signing, not just shove it at them and say "sign on the dotted line."