Actually just wondering. My friend and I were arguing earlier over it - I say its binding, because if it weren't places like google, yahoo, aol,myspace etc etc etc wouldn't even have them. But how binding are they? I mean like if terms of service is written on a sidebar, and they don't have to put a checkmark in "I agree" is it still equally as binding as not putting a checkmark in? (Sorry if this is the wrong section.. I'm a bit new)
Post it to the legal issues section of the forum. This area is about copywriting, which includes things like writing marketing and sales copy.