Whoops nevermind, this isn't what I remembered. Still highly recommend, but was looking for his thoughts on ToS only being "evidence" of a meeting of the minds.
Stephan Kinsella is really good on this, page 45 "The Limits of Contract" https://cdn.mises.org/Against%20Intellectual%20Property_2.pdf
Discussion
Probably misremembering this, might not have been Kinsella. Anyway, you can put whatever absurd shit you want in a contract or ToS, doesn't mean it is legitimate or legal. Even if you sign a waiver of liability, for instance, if a lawyer can show "reckless disregard for safety", then an operator is still liable. Facebook could have a line in their ToS about you becoming their chattel slave, but it would be rejected. Think there's also a misconception baked in here that AnCaps or libertarians don't believe in any laws, which is not correct.