Here in Germany the law states that ToS are only applicable if they contain "no surprising terms". Which is really nice! Although this doesn't give you permission for everything, it protects you from any "cleverness" of a site's operator. It ensures that indeed almost nobody needs to read ToS. Even lawyers tell you this.
No, what you mean are "AGB" (terms and conditions) that govern contractual relations between companies and their customers. They are part of all contracts.
The terms of service ("Nutzungsbedigungen") that Oracle posts on their website that dictate how to use and access their website are invalid in Germany as well.
