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Then they are still subject to the terms they actively agreed to... It's not like there's no agreement if you don't get a reply... There was an agreement before you asked for new terms, there's an agreement still.
True, but somehow you need a way to know who accept the new terms and who don't. And you need to know the point in time from which you can start to enforce the new terms. As @bob_lemon said, it could be that the default is a "no" but you need to give a time limit.
Where I live the concept of "silent consent" is used in many other occasions and does not seems to be a problem.