Earlier quoted context omitted.
To my knowledge making an HTTP GET request and then receiving a document does not involve agreeing to any TOS, implicitly or otherwise. If the server didn’t want to send the data over an authenticated channel, then why does it send the data?
My mailbox opens and closes for my mailman to collect outgoing mail and deposit incoming mail. But anyone can open it. That doesn't mean I want them to, or that they are allowed to. But if my mailbox doesn't want to allow access to private information, then why does it open for unauthorized individuals? Because physically securing it would be a pain in the ass, most people are honest, and if I can keep my mail safe t…
This is not the case for HTTP. A network protocol is an agreement about the meaning of certain clusters of bytes sent over a network. When someone operates an HTTP server, a reasonable person could conclude that they take HTTP messages to mean what HTTP says they mean. A lot of cases get more interesting because there is also something generally understood to mean, "Please don't access the following resources by automated scraping, independently of whether my server decides to grant those requests."