[throwwebmaster]

Is it public though? For one thing, you need to have a registered user account and be part of the targeting audience as a winning biddee for ad placement in order to see the ads in question. As an ordinary person, unless you share your private login credentials with me (which would be another ToS violation), I cannot view nor access the ads you have been shown.

[kcplate]

You seem to be hung up on users and passwords, I am talking anonymous public accessible sites.

If you publish content on a website that willingly provides data to anonymous users of your site, even with a TOC on the site, the TOC is not enforceable if you cannot prove that the user explicitly agreed to the TOC. If you don’t know who the user is, you can’t prove that they agreed to your TOC.

Having a TOC is basically legal theater if you allow anonymous users. The implied threat is basically “IF we find out who you are” and you use the site in a way that is contrary to our published TOC, we will take action against you.

Your only recourse in that case is to pursue sites that are republishing your copyrighted content…because only at that point can you actually identify the party that may be misusing your site and it’s content.

[throwwebmaster]

In reply to your sibling comment: I actually agree with you in the anonymous case and point out that many of the examples named (including FB, the topic of discussion) require user authentication.