Though every website, program, app, etc., requires users to consent to terms of service agreements, chances are most have never read a word of any of them. “Too many words!” we cry, the intimidation far exceeding our fears of surrendering any legal rights. That’s the American way, of course.
According to a US Federal Court of Appeals, we’ve been doing the right thing in ignoring them. ToS agreements frankly don’t count* because they, in essence, “create” crimes that otherwise don’t exist and the government has no interest in prosecuting them. Like if your 10-year-old brother uses Facebook. Zuckerberg and co. don’t want that happening. But the government doesn’t give a damn.
*still matters in civil litigation. So, there’s that.