I know, we can't just throw out the concept of a contract with our current society and I don't think there would be a benefit in doing so. However mortgages are something that rarely have side effects surprise the signers. Terms of service seem to surprise the majority of individuals who agree to them, and as the poster above said, the idea that anyone agreeing to them understands what they agreed to is a fiction.

Why terms of service are having a different outcome is something that should be figured out and mitigated. We shouldn't just keep charging forward on something where the outcome is bad for the vast majority of individuals in society, just because we've always done it that way