When you order food at a restaurant, there's no contract either. Just an implicit understanding by the restaurant owner and society that you'll pay at the end.
Facebook infamously tracked people who'd never had Facebook accounts (and therefore had never agreed to Facebook's ToS), and now claims not to, but who knows?
You seem to have a very dim view of me because I refuse to willingly subject myself to advertisements. Let me assure you, this feeling is mutual. I look down on people who choose to submit themselves to corporate propaganda. Sometimes when I'm visiting people I see them watch television and they stare at the commercials with rapt attention; it disgusts me.