Under current laws, wouldn't the way the Terms of Service are presented be considered a contract signed under duress? I mean, they are saying that if you don't sign the contract, they'll kill you, which is kind of the textbook definition of duress.
However, before we get to a point where people are being uploaded into a system, we have a lot of legal president to set. The legal rights of the bits that are copied from your consciousness, for one.
To be boringly practical: The contract would almost certainly be determined when you first signed up for the service (i.e., when you were still alive).