You know I'm just curious is there a law on where the TOS has to be placed. I mean does the font have to be a certain size or color. Does the Terms have to be right under the submit button (of the order form) if it's a continuity / rebill product?
I know of no U.S. state or federal law that regulates the Terms of Service per se. The TOS is the contract you write and post for your visitors to agree to and abide by. Once this is done, general contract laws apply. The courts will either enforce your TOS or they will not depending on whether it is properly written, has all the elements of a contract, and most importantly, that the terms were CONSPICUOUS. The court decisions regarding the TOS consistantly void the the TOS where the terms were not conspicuous. Don't try and hide your terms -- be up front about them and the court will enforce them.