Why the difference in how ToS are accepted?

[alyarb]

Some companies force us to read and accept their terms, and then collect the data that we accepted their terms before we can use their product/service

Others take the "by using this [product/service/website] you agree to our....." method.

Why the difference? What are the benefits of forcing users to click "accept?"

 

[lxskllr]

The former leaves less room for saying "I didn't see the agreement".

 

[alyarb]

sure, but how does that put liability back on the provider?

 

[Nintendesert]

Here you go:

http://www.internetlibrary.com/topics/click_wrap.cfm