[jodrellblank]

Is it legally agreed that connecting to a webserver and sending "GET /" and reading the reply is "agreeing to the terms of service"?

If the terms of service included a link to an audio advert, do I have to quiet other sound sources so I can hear the advert?

[tomkarlo]

If you're going to consume the editorial content of the site? The ethical and legal (if not practical) answer is yes. It's your obligation to understand and accept the terms of a service (not just a web site) before using it.

Is that impractical? Yes. But when I rent a car, I don't read the terms either, and they still apply. It's just a result of a world in which we undertake hundreds of "transactions" a day with business entities, all of which have to be governed by legal agreements.