I've heard Yahoo! Groups has much the same deal. I discussed this with a law student, and it was her opinion that this might not hold up in court. Probably not much of a comfort if you actually have to go to court over it, though. On the subject, she also mentioned that courts were beginning to consider that no one reads the 'terms of use' for using software. About time, I say, though who knows what the result will be.
By reading this comment, you cede any and all future rights and privileges to me.
This is why I have someone read the comments aloud to me.
That's the cool thing -- if you dispute it, that means that you've read it. It's a perfect ploy -- and bullet-proof from a legal standpoint!
I refer you to comment five, Kotsko.
a posting on slashdot actually disputes this, as willing as i am to believe in the evilness of aol.
How much one practically has to worry about is perfectly debatable. The meaning of the terms "You waive any right to privacy," rather less so.
My reading in contracts last semester included a couple of cases about enforcing the licensing agreements with software and computers. Of the three cases we read, the two 7th Circuit ones enforced the terms and the one Kansas District court case did not. It has more to do with what constitutes acceptance by the consumer of the terms attached to the product than with any general movement against enforcing terms of use.