I think we're making different points here. Where a company comes up with some terms that are illegal those particular clauses in the terms are unenforcable, b

I think we're making different points here. Where a company comes up with some terms that are illegal those particular clauses in the terms are unenforcable, but if the terms are within the law then they're the contract between you and the company, and both sides have to agree for the contract to be binding i.e. before the company will provide you the goods/service specified in the contract. If you don't agree to the terms then there's no agreement between you and the company, and the company is under no obligation to provide you with service.