Arguing that you have not read the contract does not absolve you of its terms. With many licences simply availing oneself of their benefits includes an implicit agreement with the terms of the licence. This can be the case with shrinkwraped licences where if you break the seal, you agree to the licence.
I didn't say "not read", I said "not agreed to". I seem to remember shrinkwrapped licenses were on shaky legal ground - did that issue ever get resolved in court?