[elliekelly]

> Are you sure about this? I am not a lawyer, but I believe that the Terms of Service applies to all users, not just those that explicitly set up a user account.

Typically you'll see TOS say something along the lines of "by continuing to access this site you agree..." or "if you do not agree with these terms you may not access this site..."

Whether that's enough to create a binding contract depends on the jurisdiction and who you ask.

[checkyoursudo]

It can also depend on the terms themselves. I can put "by using this site you agree to bake me a chocolate cake" on my website all day, but that doesn't mean I will be able to force you to bake me a chocolate cake.