WJhonson(a)aol.com wrote:
EC, you agree to the terms of service when you sign
up. If you fail to
actually read them, you alone are at fault.
You would have to show something like the contract is so confusing that no
sensible person could understand it. It's not the point of whether you can
today find it, it's the point of what you agreed to *when* you first signed
up for the project.
It's hardly helpful if those terms can't be found.
It's up to the
person claiming that there is a contract to prove that it exists, and
what were the exact terms of the contract when I first signed up in
February 2002. There also needs to be a positive act of agreement; a
simple small-print note at the bottom of a page linking to the TOS does
not meet that criterion.
Ec