Over Lawyering on the Web

Is it just me or have lawyers gone too far with all things online such as terms of service, license agreements, and disclaimers in e-mails? Of course, the only people that can answer this question are probably the very lawyers who come up with these requirements.

How important are a website's terms? I don't have to agree to any terms of service when I go to the local mall. But, if I pull out a camera and begin taking photos they can ask me to leave since it's private property (with public access - very similar to a website). Being a guest would seem to be a good analogy. I invite you into my house (or my place of business) and I can ask you to leave at anytime.

The disclaimers at the end of e-mail seem to be a bit over the top. Shouldn't I have to agree to the disclaimer? And, if I don't agree with it should I be bound to delete the e-mail? It simply seems unnecessary. If there is any legal precedence for these e-mail disclaimers, I'd love to know more.