[Jack Simth]

Here's a question for you: If Person A writes a progam that essentially invisibly uses Person B's service, but doesn't include a notice that you also need to go and agree to Person B's terms for that service, and incidentally bypasses B's notification methods, Person C installs it, runs it, and uses (via proxy - the program) Person B's service, is Person C bound to B's terms? C was not notified at any point of B's terms; there was no reasonable way for C to even be aware of B's terms. Likewise, however, there is no reasonable way for B to know that C is unaware. Even completely ignoring copyright issues, what happens when C gets a bill from B for services rendered?