I’m not a lawyer but in the US at least, from what I’ve heard TOS requires affirmative consent.

I try to quickly check if I’m agreeing to a cookie consent thing, or if it is a full TOS. But sites have so much garbage when you first show up nowadays. I’ll have to be more careful there.

I will follow their TOS if they follow my local laws regarding advertisements and legal liability (both in term of providing honest and fully disclosed commercial messages and in cases of malware). I strongly doubt they want that deal.