If I visit a website and there is a tiny link to the terms of service on the bottom of it, there is no reasonable interpretation that I have ever agreed to them.
Because the stupid terms of service link being on a site doesn't mean anyone agreed to them, they dont actually hold up in a court of law. Now if you signup for an account and agree, then MAYBE then they can be enforced.
So no if its on the internet and its publicly viewable, i don't see why a bot like chatgpt should somehow be blind to a site that a human can see lol, hell microsofts made their new AI system see your screen, do you also want the AI's to somehow black out the screen area that has the website open and ... know theirs a TOS somewhere on the page