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Legalese down your throat

As someone who played around with Google Video shortly after launch I got an email last night letting me know that Google will start running advertisements on selected content. At the end of the email it asks you to login to agree to a new Terms of Service. Is it just me or does this line sound strange?

If you don’t agree to the new TOS, we will assume you acknowledge and accept these changes, and will include your content in Google Video, as it is today.

I would have thought that legally, they need to assume that not reviewing a revised TOS means defaults to not agreeing and opting you out. What if I was hiking Kilimanjaro and just didn’t have a chance to check my email?