incrediBILL - 5:23 pm on Nov 1, 2012 (gmt 0)
And actually it is of not much consequence either because usually you only need TOS once a user starts to interact with a website - for example signs up to a forum or a newsletter. And it's no big deal to add a box with the TOS during the signup process.
Define interacting with a website.
If you have a 3rd party banner ad running on your site that's been infected, which happens, and it attempts to inject malware into someone's browser, you could be sued.
I've been threatened a couple of times because a couple of sites my site links to got hacked. Not like I hacked them, but people are litigation crazy and apparently even a link to another site could get you sued. Whether someone would win such a suit or not is another issue.
My point is that interaction with a site has more implications that registration and data privacy because the first page viewed could pose a legal threat due to all sorts of bizarre circumstances which now your TOS can't control and even the jurisdictional venue and arbitration clauses are out the window.