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I was thinking I'd add a header to all my HTTP requests:

    X-Terms-of-Service: This HTTP request is subject to the terms of use published
      at https://example.com/tos. By responding to this request you are accepting 
      these terms and conditions in full.



Make sure you also say "... and agree that these terms and conditions supercede any other agreements between us."

[Edit: IANAL.]




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