Checkbox for agreeing to terms and conditions

[SIZE=“5”]This is a discussion on usability and legality.[/SIZE]

If I automatically check the checkbox next to “I agree to the terms and conditions”, does that have any legal binding? I’m just wondering why no site has it automatically checked. I think it would be easier for my users to not go through the trouble of checking it, because no one ever reads the terms and conditions. It’s also hard to see on the first try because this kind of checkbox has much less visual weight than other form elements.

What’s even more annoying are sites that force you to scroll through the terms and conditions before the next button becomes enabled.