Similar discussion I had a couple of weeks ago in the post about LG spying on consumers: https://news.ycombinator.com/item?id=49603808

Basically ToS can't overrule the law, but the law doesn't seem to limit much what can be put in ToS, so abuse will always end up in court.

The problem is that the consequence of this is this filters significantly in favor of the company which complaints are worth taking to court, given that these companies have legions of lawyers on payroll.