I've been looking at a few terms of service recently, and have seen something along the lines of
Defenses Based on Electronic Form of These Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Doesn't this assume that implicit consent is a forgone conclusion? If your defense was that you didn't implicitly agree to the terms because you didn't sign them, then surely, these terms (from the context of the defendee) would not apply, and if it is already a foregone conclusion, then why include it at all? Is this clause actually enforceable? And if so, what situation does it actually protect the service provider from.