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It's difficult to compare Terms of Service with typical contracts. In the first place, nothing is being signed, and anyways judges are fully aware that no one reads the TOS. I can imagine a reasonable judge ruling that no one would have read the full TOS, and so the "Basically" column is more binding.

As always, IANAL.




I feel the current state is summed up pretty well on Wikipedia: http://en.wikipedia.org/wiki/Clickwrap




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