It is disclosed. When you sign up for D* you agree with the terms and conditions. It is not their fault that people don't read it.
I agree. I run my service-based business via the web and when you place an order with my company, the online order form has a check box that states: I have read, understood, and agree to the Privacy Policy and Terms of Service.
I understand that this is a binding contract and that payment is due in accordance to the above policies. And next to that statement is a check box. Unless the check box is checked, the order cannot be submitted. The links to the TOS is available to read and opens in a new window. Do I "make" people read the TOS? No. It's up to them. But by simply checking the box, they admit that they are entering into an agreement to receive services and in turn pay for those services. This practice is completely legal and is SOP for probably 100% of all internet-based organizations.
No one has any room to b*tch and complain about entering into a binding contract these days. When you install software, do you read the entire EULA? If not, you should. You'd be stupid not to. Do the majority of people read the EULA? Probably not. Most are probably too excited about loading their new software to care. But then those same people complain when their computer craps out or is overrun by spyware that was "legally loaded" during install, and was clearly defined in the EULA.
I have no sympathy for anyone in that situation.