Hardly anyone reads a web site's "terms of service" before agreeing to
them.
I do read them, because I am prepared to refuse to use the site if I
see anything in the terms I consider unacceptable. Most people don't
see a point in reading them, because they are not prepared to do that.
This points to the basic injustice: most users feel helplessly
compelled to accept web disservices with their nasty terms. Even
when there is a choice of disservices to use, they only rarely
differ in the nasty terms.
I think the solution is that the state should set these terms,
democratically. Rather than letting companies impose terms on
the public, the public should organize to impose terms on
companies.
That's what democracy means: that the many join together to stop
the rich from dominating them.