I have access to whatever site by virtue of the site responding to my requests. In the absence of the ToS I can do whatever I want and the ToS serve to restrict that. In the absence of the GPL I can do a strict subset of what I can do when the GPL is applied.
My interpretation would be that software licenses like the GPL can really only be violated by people and companies that have the capacity to understand them. Asking a layperson to sift though some sites ToS is a burdensome expectation.
I don't really agree with this line of argument, but if it's valid for the GPL, why not ToS?