I think that if the ToS is poorly written/worded then you have a case even if you agreed to it. I think it falls harder on the business for not using clear and concise words and sentencing than the end user for agreeing to something they didn't understand. There must be a basic guideline that has to be adhered to when writing up something like a ToS. Something to prevent everyone from doing it. Otherwise we would have all been suckered in a long time ago. I mean unless you're a lawyer or something and you know the law, whose to say otherwise?