[jrockway]

I am sure with infinite money on both sides, if this were litigated, the OP would win. You have the right to write a computer program that sends an HTTP request to a site, even if the site's ToU say that you can't. After all, you can send a request without having ever read or seen the ToU.

The server should simply refuse to reply if the user has not agreed to the terms of use.

Apple will do what Wolfram says, but that's because Apple is acting in its best financial interests (30% of $1.99 for WA's app), not because Apple is legally bound to not distribute an app that links to Wolfram Apple.