A thousand pardons since I've been meaning to post this here for some discussion and learning back in October. But...I forgot.
Anyway, feel free to read the decision below:
While it's no guarantee that other courts will decide it in the same manner as the NY Supreme Court did in that dispute, that oughta give you an idea what you're possibly up against.
End users, one moral lesson you can get from this is RTFP and ask questions before jumping in. Hosts, make sure your contracts are specifically worded, easy (?) to understand, and in compliance with your jurisdiction's applicable laws.