“Take it or leave it” contracts prepared entirely by one side, with no discussion or negotiation of terms, and presented with no opportunity to make changes, are not legally valid. They're called “contracts of adhesion”, and are invalidated every day in courts throughout the land.

We all love the free market, but too often the reality is a lot of “market” and very little “free”. Suppose you're an who artist willing to post your song on Bebo, but would like to ask for a stipend should the company blow up? That's not an option. You check “I agree” or you don't,. There's no equality of bargaining power, any more than when you stuck that Word disk you bought at Best Buy in your computer and it wouldn't let you install until you agreed to whatever it said.

You might not llike this, and would do it differently if you were king, but you're going up against a thousand years of Common Law, the basis of every single state constitution in this great land of ours. Apparently the guys wearing robes and banging gavels still think it's a good thing.