I hope it is legit question, similar to, for example, Why do law-abiding citizens need strong security?, et al. and it is tightly conected with user's security, privacy, etc.
"Don't use it (our service) if you don't like it"
even in discussions in 3d-party forums, which is IMO synonym of:
"Don't use internet"
since such illegal ToS, privacy policies are nearly ubiquitous on websites and on-line services, even including major players such as Google, Facebook, Automatic (WordPress), et al.
How can I refute such answer?
Update (28 Febr 2012):
I'd like to remind to answeres and commenters that the question is about argumentation against illegal ToS's statements and apologia of ToS's sublegality in 3d-party (forum) discussions.
Not about proving of whether private data being sold or not.
Earlier in answers to question:
- Is Facebook allowed to sell/give your information away to anyone
willing to buy it?
it was shown that selling of private data is the status quo on the internet and telecommunications which is not even being hidden by major players.