graeme_p - 6:48 am on Nov 4, 2012 (gmt 0)
@jecasc, you said exactly what I wanted to say. Normal requirements of contract law.
@incrediBill, if simply browsing a site meant you agreed to its TOS, there are two problems:
1) You would be agreeing to the TOS before seeing them. You do not even know there is a TOS until you get to the site.
2) You would have to read the TOS of every site you visited to know what you agreed had agreed to.
The only solution is to have a click to agree button that people have to click before seeing any page of a site: rather like those annoying EU cookie warnings, but worse.
None of this should be any surprise:
If browserwrap TOS are ever held to be binding, I am adding one, nice and lengthy, with a deeply buried clause reading: "by using this site you agree to pay a usage fee of £10,000 on demand".