I wouldn't say they should be made illegal, but it would create a looot of jobs if customers had to participate in a workshop before being allowed to use some hardware or software the TOS of which contain--theoretically and/or practically--rather dodgy stuff. ...
Or at least not enforceable since I can put just about anything in a ToS such as giving me your first born, all your money or any other shenanigans that do not strictly violate a law. Adding to this most here have violated the ToS/AuP on just about every platform they utilize at one point or another even if they do not realize it.