By browsing the website, the argument is that you implicitly accepted the ToS. It's legally shaky, and generally the ToS or a link to them must have been provably shown to the user.
In a court case for hacking, Zappos tried to invoke their browse wrap ToS clause for arbitration, which the court struck down. It was unenforceable for these reasons:
• Zappos placed a link to its Terms of Use between the middle and bottom of each page, only visible if a user scrolls down.
• If the Zappos.com homepage is printed to hard copy, the link appears on page 3 of 4.
• The Terms of Use link was the same size, font, and color as most other non-significant links.
• The website did not direct a user to the Terms of Use when creating an account, logging into an existing account, or making a purchase.
This describes Terms of Use links for virtually all sites, even today. I'd say that this makes browse wrap very shaky, legally.
https://en.wikipedia.org/wiki/Browse_wrap