"Clicking means agreement" at least makes sense, even if it might not be enough to satisfy contract law in some countries. "Keeping doing what you were doing anyway and ignoring me means agreement" is clearly nonsense.
If your argument is that click-through agreements are invalid in general, then no Internet services at all are legal, no matter how benevolent their TOS is to the user, how simple it is, or how clearly it's written and presented. The same goes for software licenses.
The law says that by default, absent a contract that says otherwise, you are not allowed to use software, and you are not allowed to use online services that require login and a TOS click-through. If you want to use them, you have to agree to some offer made by the provider or the copyright holder. And you can only agree to an offer they actually make.
