Although there are a few cases upholding the enforceability of browsewrap agreements, it is my opinion that businesses should not heavily rely on them when contracting with paying customers. (inc.com)
Although you've mentioned it's publicly available, and the enforceability of browsewrap agreements is questionable, it may be legal hassle you don't want to incur. (law.stackexchange.com)
For example, many courts will enforce an agreement that is implemented using clickwrap functionality, but will not enforce an agreement that is implemented with browsewrap functionality. (priorilegal.com)