The way I see it there are a couple of ways you can go about doing this, it just depends on what your requirements are, I will list some various ways, from easiest to the more difficult.
Easiest
Have you tos page as the first page when entering your site, ie: http://www.example.com/index.php will have the contents of your tos and 2 buttons one to accept and one to decline, if the user reads the agreement and hits the decline button, then you could just make that button redirect them to a page of your site that says, "You have to agree to TOS; to connect to me." lol please do not really say that, anyway you get the idea, so that could be on a page like http://www.example.com/decline.php, and you could include a hyperlink to take them back to the home page so they can accept if they like. If the client clicks on accept then you could just redirect them to the home page of your site, ie: http://www.example.com/home.php
This way only uses hyperlinks and no forms, it is super easy to implement but has some good points and bad, the good point is that it is easy to do, and the client will not have their computer jumping up and down about someone trying to send them a cookie, or their spyware application, the bad side is that every time the user goes back to your site they will have to accept the tos again. Using this same model of implementation you could also make your error and your main site on the same page, ie: join your decline.php and home.php in the same file with an if statement.
Alternatively you could stick with more difficult cookie or session variables, it is up to you, let me know what you choose, and I will try and help where possible.
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