Privacy, Legality and ToS

When signing up for Facebook how many people truly read what they are "giving" away when they accept Facebook's Terms of service....

Recently my attention was drawn on two websites:
- http://www.legalandrew.com/2007/07/21/facebook-and-the-law-8-things-to-know/
- http://www.guardian.co.uk/technology/2009/jan/14/facebook?

Which practically illustrate how Facebook can take almost anything they want away from you with a simple ToS. Terms of service agreements were not created originally to strip users of their rights and privileges, some of which are protected under the constitution, but are now being used almost effectively in that manner. These articles clearly illustrate how Facebook takes a claim to ownership over anything posted on your Facebook profile. This may extend to pictures, private messages, and content.

Sadly enough, Facebook is not the only company engaging in such practices. AOL's ToS makes the wild claim that anything discussed ideas, etc... over their OSCAR Chat Client network belongs to them. Not only does this mean that they are potentially watching/logging conversations, but that they also reserve the right to take any information and use it for their own benefit.

Glexia is guilty of having some stringent Terms of Service agreements as well, but not nearly as demanding and wild as these companies. When have Term of Service agreements gone to far? Could a provider specify that in order to use a cable network you cannot engage in free speech? There need to be some established legal limits to these ToS agreements, especially in the ever-developing realm of online gaming. World of Warcraft administrators have the right to remove users for any language they deem to be offensive. Where does the realm of free speech extend to?

Any feedback is welcome.