I might have accepted terms when I created a Google Account but in no way do I agree to a TOS by visiting a URL.
If that doesn't hold up in court, in future on your first visit to Google it will simply display some text and require that you click 'I agree' to continue.
Either way, it seems reasonable to me that you should agree to their terms in order to use their service.
I'm honestly wondering about the double standard. There is a rational way to discuss morality/ethics and subsequent laws regarding most technical aspects, that often mirrors real world (read: offline/analog) scenarios. It's unfortunate that the legal system has instead been appropriated by lawyers.
omg, really?
It's unfortunate that the internet has instead been appropriated by hackers. It's unfortunate that the stock market has instead been appropriated by traders. It's unfortunate that the asylum has instead been appropriated by inmates.
I'm not sure why you dislike this 'appropriated by lawyers' outcome: For web crawling look at robots.txt, for other uses look at the Terms link on the homepage. If you don't agree to the terms then stop accessing the website. Seems straightforward and fair to me.
This statement is demonstrably false, as shown by all the places in the world where this type of TOS-nonsense actually does not hold up in court.
And in the USA, it's (as usual) even slightly more absurd: The only reason it does hold up in court is because Google can afford justice.