As a website owner, beyond that, there is no need to tell someone they cannot access your site if you simply block them from accessing your servers instead using a multitude of techniques.
Where does caching come into play at all here? You cannot cache content to begin with if the server is blocking access in the first place. And if you have already cached it in the act of violating said website’s terms of service, then you are still not in compliance.
According to many rulings the last few years, continually and systematically accessing a third party’s data under the clear expectation that you are aware of (as well as agreed to) their terms is definitely a meeting of minds.
Not to mention the fact that terms and conditions are not contracts. I don't think they carry the same weight, although someone please correct me on this if I am incorrect.
Judge: “what defendant? There is no one here.”
Plaintiff: “Oh he was anonymous, so I am not sure who it was…”
Judge: “Hmm interesting, so you seem to think an implicit contract exists that you want to enforce with no documentation at all with a party you can’t name, because you are not sure who it is?”
Plaintiff: “Exactly.”
Judge: “Feel free to come back when you aren’t going to waste the court’s time”
Also…you missed the word “public”, again.
https://www.upcounsel.com/are-website-terms-and-conditions-l...
This is heavily supported by Case Law.
If you don’t want me to have a copy of it for any reason, don’t let me have it at all.
If you publish content on a website that willingly provides data to anonymous users of your site, even with a TOC on the site, the TOC is not enforceable if you cannot prove that the user explicitly agreed to the TOC. If you don’t know who the user is, you can’t prove that they agreed to your TOC.
Having a TOC is basically legal theater if you allow anonymous users. The implied threat is basically “IF we find out who you are” and you use the site in a way that is contrary to our published TOC, we will take action against you.
Your only recourse in that case is to pursue sites that are republishing your copyrighted content…because only at that point can you actually identify the party that may be misusing your site and it’s content.