File API download bypasses terms of use and guestbook

Edit: please note that this part in the original description: If you download the file directly from the API, you don't create a row here, so the count does not go up is no longer true (hasn't been in years). Downloads via the API are counted. This issue is no solely about the bypassing of the terms of use and/or guestbook popups w/ API access.

Currently, when you download a file through the UI, all logic for creating a GuestbookResponse row is down before hitting the API to download the file.

If you download the file directly from the API, you don't create a row here, so the count does not go up. Also this bypasses the terms of use and guestbook completely. We need to make sure a ) a row gets created, so counts are accurate, b) that we determine how we want to handle the bypassing of the terms of use (via a token?) rather than just acting like they don't exist.

Review the UI flow that creates GuestbookResponse and the API download entry point, confirming the current counting behavior described in the edit. Determine the agreed handling for terms-of-use and guestbook bypasses, then verify that API downloads follow that behavior and counts remain accurate.