>Next time read the ToS of every service you use, and feel free to get angry at every single one of them.
Note, getting angry? that is what changes this sort of thing.
Seriously, setting up a ToS is a pain in the ass. If someone that understands the business and the customer isn't involved, if you throw it over the fence to the lawyers, and you don't read it like a user would, this is what it ends up looking like. Hammering out a good ToS is really hard, and it requires effort of someone that cares about the reputation of the company, /and/ hasn't drank so much company kool-aide that they understand that users don't always assume good faith.
These people are harder to find than lawyers. So yeah, setting up a good ToS is hard.
If customers just 'click through' and don't care what the ToS says? guess what businesses are going to do? we are going to throw it over the fence to the lawyers, who are going to write something like this, if they think the VC is their client.
Getting angry is really important, because it's the only way to convince companies to put the effort in to writing a good ToS.