There is some room in US case law for 'common sense' - let's say, in this issue - https://www.forbes.com/sites/oliverherzfeld/2013/01/22/are-website-terms-of-use-enforceable/#114f6595f4a7
I don't think the situation is clear cut, but I take your point and I don't actually remember whether I was shown a Terms of Service page when I signed up here not.
I might be wrong, but I think that EOS is going to replace Steem/Steemit and I imagine they will be tighter there on the TOS issue.
I appreciate that, however, there is also a caveat which is that space is made for situations where the users of a site, for example, could be reasonably expected to have reviewed the terms of service on a site where they are available.
I don't actually know for sure if the TOS is agreed to or not on signup, because I did it a long time ago - but assuming that they are not then it would not be wrong to say that from a mainstream business perspective, that is a bit of a mistake. I suspect that the heavy assistance they are getting with EOS will mean that there is an agreement to TOS there.
maybe - we shall see
I know dan is against that, but he is working with a lot of others whose views I am not familiar with - generally though it is unusual for such a group to agree to completely ignore legislation.
I have never heard of a large, successful project taking that approach. It will certainly put off a lot of investors.