But contract terms can be pretty damn severe before they're "unconscionable."
One to watch out for is "you agree not to participate in a class action" against the website. If a website screws over thousands of users for $100 each, they can't do much individually. And if they've all agreed not to participate in a class action, there isn't much they can do collectively either.
Correct. Sneaking crazy shit into a TOS will not hold. They legal theory is called "unconscionability" - https://en.wikipedia.org/wiki/Unconscionability
But contract terms can be pretty damn severe before they're "unconscionable."
One to watch out for is "you agree not to participate in a class action" against the website. If a website screws over thousands of users for $100 each, they can't do much individually. And if they've all agreed not to participate in a class action, there isn't much they can do collectively either.