This is my particular argument for the need for EULA and ToS law reforms. The concept that they are negotiable for consumers by means of abstinence is laughably outdated. It is unavoidable to have to sign a contract that you have no negotiation recourse over. All contracts are supposed to be negotiable before signing. There are so many abuses and frankly absurd liberties taken in those things that nobody should ever have to agree to just to play a game or use a website.
Seriously, a game publisher/developer having defacto ownership over the code you produce to make a mod for a game is ludicrous. Or a social media site getting the rights to use content for any purpose without limits and in perpetuity is insane.