In what sense did I "agree to bind [myself]" to those terms? I just loaded a public website that has map tiles on it. You are arguing that I have agreed, thereby, to something written on a different website (two clicks away), which I was neither presented, nor asked to agree to, nor signed an agreement to?
It seems very similar in the sense to which Google "agreed" to pay me money if they spider my page more than N times/day, which is what my own website's terms say in the footer. Yet I've never received a check. Is Google playing dumb and claiming they never read the terms, so can't be held liable?
https://www.google.com/intl/en_us/help/terms_maps.html
and the first link there is the Google Universal Terms of Service that you also agree to bind yourself to:
http://www.google.com/intl/en/policies/terms/