Contracts have to be agreed upon by both parties. If you want to have users agree to a ToS and protect your content, you should 401 their requests for your content until that happens. Otherwise fuck off, it's a public request.
If that were true, then we will start a company together and become rich!
1. Create a website with a TOS that states "all webpages are for your personal consumption only, any permanent copies which are used for business purposes (including indexing!) constitute grave harm to us, worth $100 per instance"
2. Make many, many pages on that website which all link to one another, let's have at least say 1000s of them
3. Ensure that they rank well for very obscure terms, terms which have a very short results list
4. Do not avail ourselves of robots.txt
5. Get our website linked to through means which do not make it obvious that we're trying to get it linked to
6. Wait for google to index the website
7. Gather the evidence of the indexing activity via search results
8. File a lawsuit against google for breach of contract re: TOS and collect millions
If what you're saying is true, then this is a literally foolproof plan to become millionaires (or more!).
Here's how contracts work: A makes an offer to exchange something of value. If B accepts that offer, there's a contract.
How's that work for websites? The website publishes its TOS. You go to the website and are able to look at the TOS. If you keep using the site, you're held to the TOS. You've impliedly agreed to it. If you disagree with it, you can leave.
There is certainly some legal fiction going on here. Of course most users don't read the TOS, and even if they tried to, they wouldn't understand them. But courts have enforced them anyway. What would happen if they didn't? It would be anarchy.
There are limits to what TOSes can do, sure. But the point of what I said -- that TOS are contracts, and can bind you -- that is true. Mocking that truth is pretty silly and uninformed.