From a legal point of view that might be true, but I believe people are not aware that this is a problem. They just register, check the "Agree terms of service" box and do whatever they want to do. I saw that often, especially with Marketing.
It's not just legal but also the practical point of view. They committed fraud when they clicked that checkbox. It's exactly the same as signing a contract with someone else's name.
Not really, most (larger) companies have internal policies about that, listing the acceptable licenses. Which is exactly what I said - the employees are given the power to accept the terms. Some employees can sign SaaS contracts, though that's usually much less people.
