as i said in response to another post, i hate adware and toolbars as much as the next person, but semantics is important: malware is malicious software. a toolbar that i did not intend to install, but is not malicious, is not malware.
What do you think those toolbars do? Inspect and Inject javascript into webpages, send my web browsing history to their master servers. It cant imagine a toolbar that isn't malicious.
I consider this sort of software harmful, but there is definitely an important distinction between it and software that actively tries to steal your credit card numbers, run a botnet, or send spam email. We need a word specifically for software that makes an attempt to abide by the law and avoid any outright malice, yet exists in a sort of moral gray area.