Lawyers drafting online terms of use/service and privacy policies are well-advised to establish a record that allows the client to demonstrate the existence of such terms and the date they were in effect. Such a record will prove quite handy in future litigation. See, eg, Kinney v. YouTube, LLC (Cal. Ct. App. 2018) (YouTube forced to rely on sworn testimony of engineer responsible for posting YouTube terms of service to prove that plaintiff click-accepted a version of the YouTube terms that included a synthetic one-year statute of limitations).
