True. Consider also whether adding something like "Each request to this server constitutes agreement to a $50 fee which is selectively enforced at our discretion" would make a scraper liable when they didn't agree to the terms.
If the law truly agrees that acceptance of undisclosed terms is granted simply by virtue of access, it opens the door to rampant abuse.
Though, if you want to try the protecting yourself in a similar approach, add a header to every request in your browser that says "By responding to this request, you accept that I do NOT agree to your terms and you are willing to serve me anyway." At least in this case they would actually receive your terms with the request. I wish there was an RFC for this.