What if the scraping occurs as part of web crawling?
Suppose I point a scraper at site S1, which has terms of service that say scraping them is OK, and my scraper finds a link on S1 to S2 and follows that, and follows a link from S2 to S3, and so on.
At some site Sn far enough down that chain is it really possible to use the scraper accessing that site to infer my intent to accept Sn's contract? The connection between me and Sn seems tenuous enough that it might be hard to even argue that I intended to visit Sn, let alone use that to infer acceptance of their contract.