In cyberspace, internet intermediaries have formed private power relative to public power due to their advantages in technology and platform. Their private power comes from terms of use(service) directly. User terms’ drafting and enforcement are driven by the law, the government, the user, and commercial interests.Through terms of use, the public and abstract social contract is replaced by the private and specific contract.Internet governance and the realization of user rights depend on internet intermediaries. The legitimacy of internet intermediaries’ power comes from the rules of contract law, making their power more prominent and more direct in cyberspace without traditional spaces for social consultation, in contrast to the process of law making. Although contract law, competition law, corporate social responsibility, and the collective action of users have certain restrictions on the private power of internet intermediaries, these mechanisms are also limited. Complex network is generated from internet governance and the realization of user rights. To solve the problems above, theoretical research and practice of communication law should shift from analysis of norms alone to a comprehensive analysis of norms and behaviors.