Just imagine how different the world would be if this wasn't allowed and any time a ToS was pushed out like this the user had the option to offer a counter ToS and the company must have a human look it over and agree/disagree within a set period of time.
Then there is something wrong with our legal system if only one portion of the population seems to be able to avail themselves of contracts. Seems like a failure of the entire legal apparatus. No more ToS.
You know, Kind of like a real contract.