As a general rule I believe many online terms of use, eulas and similar online contracts are examples of procedural unconscionability, in that length is often too long that one can be expected to read it in the day to day action of "surfing the web", I believe this is also the opinion of the EU and many of its member states, hence the limitations found on enforcement of such contracts.

Aside from that many of these contract have terms that might be considered substantive unconscionability - for example if terms state that what you post can be used by the company that owns the service for marketing of the company or the service I feel this would not make it through most legal systems that I feel before the attempt are not inherently corrupt.

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otterley 2 hours ago | parent [-]

I would personally be shocked if the EU voids click-wrap agreements for unconscionableness based on the process alone. I’m not super familiar with EU law; is that what it truly says? I rather doubt it because I do business in the EU and have been asked to agree to terms as a condition of making purchases online there.

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simonra an hour ago | parent | next [-]

Online retailers in the nordics occasionally try to post terms and conditions that contradict consumer protection laws, for instance retailers being on the hook for warrantying product(ion) defects for 5 years after purchases of products that ought to be durable, like electronics. The retailers win out on a substantial amount of the population not contesting it, but if you as a consumer go through the process the findings is basically always in your favor, despite there being agreements to something else. Telecommunications providers also have a long history of having their consumer invoices being voided for being unconscionable despite service agreements, especially in cases with children playing with devices (but otherwise also), going all the way back to the landline age.

	▲	otterley an hour ago \| parent [-]
		Right. But those are substantively unconscionable terms, not about the agreement process itself.

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SiempreViernes an hour ago | parent | prev [-]

The council directive on unfair terms in consumer contracts puts every pre-canned contract in scope, and unfair provisions on a contract are rule non-binding (if the contract can keep existing after the unfair bits are taken out).

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A...

	▲	otterley an hour ago \| parent [-]
		Right. But those are substantively unconscionable terms (“unfair provisions”), not about the agreement process itself.