Well when I was creating a new 5 man mop team EU yesterday I saw this new tos in battlenet account creation web, is a new anti cheating ToS and if you don't accept you cant create the accounts... dunno if it pops for just 1 account, I always do 5 man inside same battlenet. Just my 2 cents PS: Now that I remember It didn't pop in US as I recall, so it may be EU only dunno.
The TOS is just something for the company to use to justify actions that they may take on your account. In a legal forum, it means absolutely nothing. The reason is that the burden of proof would be on Blizzard to prove that you were the one who clicked accept at the time it popped up on your screen.
