[KieranMac]

Given the nuances of browsewrap contract enforceability, perhaps not as many as you suggest. The tricky part with navigating this gray area is knowing the likely circumstances when a contract of adhesion may give rise to an actual legal claim. There are patterns.

[RobSm]

So in the scale of google, 'not many' would be some few million per month? And all is good then, right? Even you use their scrapped data probably daily and are totally fine with that, right?

You think google bots read contracts before scraping website? really? :) If you had any experience in creating websites and launching them online, you would know how fast and often they arrive and how they do not care about your TOS. So the real 'violation' numbers might be very scary...for you.

https://ironcladapp.com/journal/contract-management/are-brow...

[rronalddas]

They read robots.txt right? You can easily add a Disallow rule for google-bot there

[tzs]

What if the scraping occurs as part of web crawling?

Suppose I point a scraper at site S1, which has terms of service that say scraping them is OK, and my scraper finds a link on S1 to S2 and follows that, and follows a link from S2 to S3, and so on.

At some site Sn far enough down that chain is it really possible to use the scraper accessing that site to infer my intent to accept Sn's contract? The connection between me and Sn seems tenuous enough that it might be hard to even argue that I intended to visit Sn, let alone use that to infer acceptance of their contract.