I agree that reading any document before you sign it is just common sense. I also have to agree that most people don't and deserve the consequences. That being said, just because it's in the EULA or TOS doesn't automatically make it legit. If I sell my client a piece of software and include in the EULA that they must hand over their first born child, I'd lose every time...even if said client signed the contract or clicked "I agree." Should people read their EULA's? of course. Are EULA's written in such a way that deters people from reading them (IE. very long and cryptic)??? You bet.
Deceptive practices 101: Bury anything unsavory in deep in a 20 page EULA/Contract.
Deceptive practices 101: Bury anything unsavory in deep in a 20 page EULA/Contract.