Honestly, it is arguable that the user actually agreed to monitoring and in-flow data modification knowingly, and therefore it might constitute an Unconscionable Contract due to an Unfair Surprise (again, depending on jurisdiction).
That is assuming the user did actually agree to anything.
Now what if the exit operator put up a ToS themselves stating users of their exit node will be monitored and/or data flowing through their services might be modified on route even? Because, after all, it is the TOR users using their services, not the other way round.
"You hereby grant Tor Exit Operator Ltd, A Nigerian Prince/Russian Business Network joint venture, the right to monitor, log, modify all data you transmit to our service and an irrevocable, unlimited license to use any data you transmit for any purpose".
Tor noob here: How are exit nodes actually assigned to end-users though? So far my understanding was that the assignment happens automatically without any conscious descision by the end-user. If that's true, construing an "agreement" would be pretty hard - if the user isn't even aware they're using your service.
Same reason shady companies still at least need to make it look like they asked your agreement and can't just state "by looking into our general direction you transfer ownership of all your worldly possessions to us"
That is assuming the user did actually agree to anything.
Now what if the exit operator put up a ToS themselves stating users of their exit node will be monitored and/or data flowing through their services might be modified on route even? Because, after all, it is the TOR users using their services, not the other way round.
"You hereby grant Tor Exit Operator Ltd, A Nigerian Prince/Russian Business Network joint venture, the right to monitor, log, modify all data you transmit to our service and an irrevocable, unlimited license to use any data you transmit for any purpose".