Terms of Service and copyright are two different things. Maybe the data's not copyrightable, but they can make their website terms of service say "by using our

Terms of Service and copyright are two different things. Maybe the data's not copyrightable, but they can make their website terms of service say "by using our website and downloading this data, you agree to..." You would have to research the case law to see if courts will enforce this. Anyone can say anything they want.