> The point of this post is not some legal analysis, simply the common sense observation that in our society, simply putting some copy up on my webpage that basically says “if you use my website, you are agreeing to not sue me” is Not How Any Of This Works.

> A contract is a meeting of the minds. This is decidedly not.

> Saying that anything I do “constitutes acceptance” short of explicitly and unambiguously agreeing to your contract and terms is foolish and disrespectful. At the very least, it’s shady. I sure hope it’s unenforceable, as well.

I couldn't agree with this more. It applies equally well to shrink wrap software licenses and "social contract" arguments.