Exactly. Linking to the site is not "using" the site. Anyone following the link to the site is "using" the site, but unless and until they read the ToC , it means nothing to them either.
I don't know about Canada, but here in the UK we have laws about unfair terms and conditions which means specific terms will be laughed out of court if anyone tries to enforce them and depending on the circumstance, could potentially invalidate the entire ToC document.
As the article points out, these lawyers really don't have a clue.