Originally Posted by
prestonh
From the opinion
Though I have to imagine, sending a cease and desist notice (or multiple) that specifically points out the terms and conditions clauses that are being violated, would serve as sufficient notice, preceding a lawsuit over the violations should the behavior continue. Which is why I think the previous replier says those cases aren't necessarily relevant to a case over if the terms of use are enforceable or not - sufficient notice/disclosure of the terms aren't the issue here.