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TERMS OF SERVICE

A cautionary tale from The Great Enstupiding, and a potential way out of the tyrannical grip of Big Tech.

TERMS OF SERVICE

A cautionary tale from The Great Enstupiding, and a potential way out of the tyrannical grip of Big Tech.

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71 replies on “TERMS OF SERVICE”

This is a brilliant piece, and the concept is both intriguing and has some real practical implications. From my experience most tradesmen ( plumbers, electricians etc.) are pretty busy craftsmen.
What is lacking is the implementation mechanism. Mr. Whittle omits the one thing to get this moving: a template “Terms of Service ” document that you plug your specific company name and goals into to have a terms of service agreement ready and at hand.
I am sure some young bright legal mind could put this together for a website to be downloaded and personalized quickly and almost invisibly.
Most craftsmen have a standard invoice they use or a work authorization sheet that you sign/initial before they start work. A simple check box on those saying words to the effect “I have been advised of the terms of service and I agree to comply with them” referencing the 60+ page document on the website should be sufficient. Nobody with a leaky roof or stopped drain is going to hesitate for a moment and will sign/initial it on the spot.
As I said they, craftsmen, are busy …. so make it easy for them to put this into action if they wish and a template would solve that problem and effectively insulate them from backlash…. like the baker in Oregon. Just a thought !

So, has anybody ever clicked the “I decline” button on their iPhone or Microsoft Windows updates when they download them? What happens if you do that? I am being hammered all the time that they need to download a “critical upgrade” and told to hit accept before proceeding. Do they then go away and leave you alone, or do they sic the hacker teams on you to make you pay?

If it makes you feel better… I used to work at MySpace. We knew the end was near (a month as it turned out) when we noticed everyone in our Beverly Hills office was using Facebook to communicate w/ each other inner-office.

This is BRILLIANT! There are 10’s of thousands of small businesses that don’t have the financial wherewithal to create their own liberty loving, conservative “terms of service”. Could a common “terms of service” be created that could be purchased by a small business at an affordable price? Not only would it make this possible for small businesses, but it means we would all be on the same playbook. Further, if there was a group legal defense fund for small businesses to purchase, this would help support the common defense of those “terms of service” from the inevitable legal challenges.
Taking the BRILLIANT idea of “terms of service” a step further, what if state legislatures created a “terms of service” that would have to be agreed to by anyone who wanted to do business with that state? For instance, could a state not say to a company that makes let’s say, voting equipment and software, that under the states “terms of service” (buried on page 79) that we the state of… control the equipment and software at all times and how that equipment and software shall be used. We the state of…. reserve the right to audit the equipment and software at any time for accuracy. All data must be held on a closed network and is never to be transmitted over wifi, bluetooth, internet, etc… Even if that equipment and software has been purchased and has been in service for past elections, the equipment and software company must now agree to the states “terms of service” in order to be used in future elections. Otherwise, the state reserves the right to incinerate the equipment and software for failing to agree to, or for any violation of the “terms of service”.
Private property can and will save us from the situation we are currently in. We are being told by big tech to “GET OFF MY LAWN”. When the new and improved www. is created, that becomes the lawn that we will happily move to, grow, and care for. We need our own lawn to fully facilitate the enforcement of our “terms of service”. This has become a real shield for big tech and it can become that for us as well.

The Golden Rule of “Do unto others as you would have them do unto you” has a corollary (that is probably not original with me): “Do unto others as they have done unto you … until they stop.”

I’ve thought about this in the past but in the position of an employer. What kind of aptitude/personality test can you employ to make sure you’re not hiring someone who is against everything you are building your business for? Tough to do.

Title six of the civil rights act (“public accommodations”) is against the individual right of free association…if you can’t decide who can / cannot use your individual services, you do not own them…it stopped racist lunch counters…at what cost? Would posting terms of service override title six?

From Yeats, The Second Coming, 1921
Turning and turning in the widening gyre   
The falcon cannot hear the falconer;
Things fall apart; the centre cannot hold;
Mere anarchy is loosed upon the world,
The blood-dimmed tide is loosed, and   everywhere   
The ceremony of innocence is drowned;
The best lack all conviction, while the worst   
Are full of passionate intensity.

I think the TOS, proclaiming publicly, and “I’m sorry, we don’t do that kind of repair.” are all good.
Each has different pros and cons.
If we post online or on our storefronts our “non-service to Joe supporters” then it’s easy pickin’s for cancel culture and harassment of our biz and family.
The TOS will take some time to put together and get put up on websites, etc. Might need a lawyer or a “template” for everyone to use. Not an expert on what it would take to do all that. (And we have very little time before the next “election”.)
Employing the “sorry, I’m booked up for 8 weeks OR we just lost our technician and can’t offer the work right now until we get a replacement.” strategy is more subtle and sounds reasonable to the Joe supporter. They never tell us face-to-face that they can’t stand us. They stalk from their keyboards and cancel from their computers.

Those are fair points and businesses have their livelihoods on the line. That is why we need to be recognizable so we can identify each other. We need a directory and that directory should include “the clause” limiting who can use our rating system.

Bill there is a ton of ideas here, and if it’s not entirely an intellectual exercise (which I think at this point none of us can afford) perhaps this can be an idea more fleshed out here, or in the forums. Here are my immediate thoughts on a first listen –
Your example of Bob’s towing or Jim’s HVAC selecting their customers is more in line with the facebook model than the restaurant scenario you mention near the end. People moved their content to facebook for the same reason more people shop at amazon now than they did when all amazon sold were books – both served an immediate need in a monopolistic way. The tow truck or the HVAC guy is comparable because their services are needed in an emergency, unforseen and without many options of competitors in the moment. If a tow truck driver asked me to sign a 40page doc or he’d leave me in the snow by the side of the road, I’d most likely do it. If a restaurant did that as I walked in the door, I’d just eat somewhere else.
(an aside – restaurants do have a terms of service, usually encapsulated in two words: “no smoking” or, “no shirt no shoes no service” (or all the dreadful recent things about masks)….if TOS were to be applied to non-emergency commerce, their strength would come from being concise, not labyrinthian, while in emergency situations the strategy would be the oppostie.)
The point being that setting your own terms is a valid way to respond to a woke mob setting their terms, but it is limited in its application as you currently outline it. You rightly pointed out the “network effect” that attracted bloggers to facebook – first because it was a hot new thing, and later because it was the only option to be visible. Discovering a way to create a “network effect” in situations not new and outside of monopolistic control (like stores or restaurants, clubs, sports etc) would be the key to having something like what you mention work on a wide scale.
In any case, it would inevitably lead to a further bifurcation of our already fractured society, which at this point is unclear whether it would be hastening more harm or protecting what’s left – and all the perils that come with assuming the wrong answer on that one.
I suppose a good test of which situation we’re in would be if someone tried what you outlined – set the terms, waited for the inevitable challenge, bring it to court, and let the result of that case (win or lose) reflect on the same TOS strategy the facebooks of the world hide behind. Of course, that presupposes that the court system still functions, which many believe it does not – which brings us back to the situation in my previous paragraph.
Any way, lots to think aout.

Taking back your power to not be a provider for your own demise is what this idea is all about. It’s like not buying anything made in China, or unsubscribing to the insulting, local Leftist news rag. For instance, if you’re ok with massive election fraud then you have lost my service. It’s a very legitimate and patriotic way to fight back.

I would support the local businesses who let me know that they are patriots serving the Republic, but I would definitely read those TOS, Trust but verify.

I am torn. While, in my reactive mind, I lean toward this idea, I fear it is really a way to be co-opted by the enemy. I don’t like any of their tools; and I hope not to use them. It’s really a reverse boycott, isn’t it?

Not having a strategy may mean you will be co-opted by the enemy whether you like it or not. Being pro-active may give you an advantage: a power to wield in order to keep your God-given inalienable rights, imo.

Like 1776, that is how we started drinking coffee. People refused to buy from Tories or items from Brittan. Home spun cloth became a thing as well, people gave up luxuries.

I’m reminded of Kurt Schlichter’s observation that now it’s time to deploy and use the very tools that the Left has promulgated, but now against them. He calls them the New Rules. The distinction with this Terms of Service idea is that it covers a wide span of their activities. And the winning envelope contains the name of a MAGA creature who creates a free, generic set of terms that Joe Deplorable can downoad and deploy, thereby causing the rending of garments and so on.

I thought that this brought up some awesome ideas. If “Terms of Service” were to be included in more and more areas of commercial activity it could hopefully open some eyes.

Most “enlightened” folks don’t realize that if they destroy our economy and hence our way of life …. that elite folks will be very low on the “necessity chain” and the trades people will be holding high grounds. Does this make them “self-cancelling culture”?

@BillW Note that a critical element of the Terms of Service is that all disputes must be resolved in arbitration, rather than in court. It’s a big deal which gives them a huge advantage unless you can find a lawyer that knows what they are doing in arbitration (rather than regular court).

That can be used against them bigtime. The arbitration imposes some $10k up-front cost on the company. One of them had similar clause plus forbidding class action — then begged the court to get away claiming it can be ruined by big amount of clients initiating. I think it was patreon or similar profile.

Love this. I also remember that truckers were going to strike after the election, which they never did. If I were a trucker, I’d refuse to transport any Amazon loads, since they “hate” my people. We don’t tolerate hate.

Has anyone actually identified the “we reserve the right to cancel any account for any reason, at any time, …” section in the Facebook, twitter or YouTube Terms of Service? What if it doesn’t exist, does that change anything? Who is going to take Google to court over a YouTube account?

Independent auto tech here. ANY car with a “virtue signaling” sticker of any kind ends up having an issue where “Ooo..sorry! We don’t do that kind of work”. I understand that it is totally legal to discriminate base on political affiliation. I’m wondering if there’s a simple way to observe a potential customer’s social media account(s) to sort potential customers.

I’m sure there is. One can validate any campaign donations previously made. Also, it’s fairly easy to scan Facebook for older folks not wiley enough to use a pseudonym. Most of my services are rendered inside people’s homes. More than a few times I’ve wished to invoke a terms of service agreement given the hateful ravings I have been subjected to by Leftist clients. Definitely a worthy idea for a subscription services. Priced right, I’d be a customer.

I like the idea of “not doing X kind of work”. Simple, easy.
After a while they may “get it”, but probably not.

I was thinking we should have a symbol too, like a coffee bean or coffee cup, because to me they say freedom, 1776 style (do not buy from Tories), American flags or the acronym MAA for Made in America Association.

This is an interesting proposal; however, no single terms of service agreement can cover all future contingencies and situations. In other words, there will always be a loophole.
What we actually need is a common acceptance that everybody can individually determine with whom or what they may interact and/or exchange goods and services. Until such sanity is returned to our midst, we will never be unified as a country.
More people need to stand up and take a stand like Jack Phillips, the baker in Colorado. I’m pretty sure that his terms of service are listed in the Bible.

A great start might be reversing the phenomenon by forming cooperatives and creating terms of agreement for customer communities of patriots.
This would empower consumers and channel the force of those individuals with combined forces, led by they themselves.

That is to say, “If you wish to see this many customers, simply abstain from oppressive behavior by our standards.”

My sentiments exactly! To small business owners: forget about mass marketing to reach a customer profile that doesn’t exist. Instead, wear your values like a badge and announce them upfront, on the website, in your mailings, posted at the entrance to your shop…..and those of us turned around and living in “Bill’s Squares” will beat a path to your door.

I think someone would need to do a lot of research and compile a list to share with others here.
Everyone’s household is different.
Right now I’ve only heard of a handful of nationwide companies, but I haven’t done loads of research either.
Maybe we could start with local/state biz’s?

I have thought of that but we need our own version of Yelp and to use it we need these terms of service or you are not able to see let alone use or comment.

We’ve been doing a lot of homework along those lines – finding US companies that sell made in US goods. They’ve been difficult to find, but they’re becoming more prevalent. I should put together a list…

The challenge is the “business” must be so entirely needed or desired–and unrepeatable, that it is irresistible. That is how the public was willingly ensnared. The fruit was so “tasty” as to be irresistible.
This approach could be a means of limiting “admission” to the two most successful states (TX and FL).  Each have strong governors that could be within their states constitutional rights to prohibit those who would promulgate anti-Constitutional, socialist, or Marxist ideals. They could engage in their speech, but not endeavor to overturn the state’s constitutions. Sign on the dotted line – and risk expulsion. Just thinkin’ Sorry CA & Sorry NY – stay away!

Amen. And add TN to that short list. It is the #1 “moved to state” in 2020. We do NOT want NY & CA “refugees” if they come here to vote stupid.
We are selling our primary home in FL because so many people have moved into our quiet little city of St. Petersburg, it’s become a traffic nightmare. So, we’re moving permanently to our home in TN where NYers haven’t clogged up our roads…yet.

I believe that Japan has laws which prohibit foreigners from being involved in Japan’s political activities. Source: an American missionary who lived there.

It seems the trades are “tasty” because everyone needs a plumber, electrician, HVAC, phone, Internet, etc.
Good food/drink and a place to gather seems tasty, but not sure how to “deny service” to Joe voters.
I always liked the “We reserve the right to refuse service to anyone.” signs some businesses had up. Not sure how effective they were, but it lets one know up front.
I SO agree with limiting admission to TX, FL, TN!

WE LIKE IT! Shouting intentional. Perhaps 1 quick example – gun store in MO (Trigger Firearms and Reloading LLC) refuses to sell to Biden Supporters. Didn’t have a TOS to sign, but pretty clear. Posted on “F”
Also another special warfare attack – the new, “Office of the Former President of the United States!” Touche’
Jim & Nancy

I laughed my butt off when I saw the Office of the Former president last night. Though, personally, I prefer “Office of the President Emeritus.” More closely tracks/spoofs the Office of the President Elect. Now, if only we had Styrofoam Corinthian columns…..

13:53 ‘…especially in this interim period between now and a major effort to recover the levers of government in 2022.”

Interim period? I thought time was short with 2022 coming up.

That is one of the reasons I think an idea like this is doomed to fail. By the time it gets through the courts, we’ll have a new president.

Unless the goal of the idea is “the process is the punishment” and enough Biden supporters are pissed off by being rejected, but that risks blowback in the same way I would caution those that talk about 70 million Trump voters marching on DC. There is not 100% ideological cohesiveness in either group and some “well Biden supports unions so I guess I’ll vote for him” people are gonna wonder why some people are just bat guano loco and turning down business, or say “I guess he’s just one of those Trump lunatics that the NBC told me about” and not get the message.

Whole ‘nother topic that I was referring to.

I honestly don’t know what you’re saying here. By the time what goes through the courts? The goal of what idea?

I meant Bill’s statement in an early MB2A video about how we need to start immediately because the two years until the 2022 elections is a very short amount of time to get done the things we need to do. But now we’re in an “interim period.”

The idea was just not doing business with people that express support for ideals that will kill the country, but I don’t think a goal of change through legislation or lawfare would really work since it will take too long. I missed the earlier MB2A you referenced I guess, and educating people about the drawbacks of things they are proposing is something more people should have been doing all along, and I agree that stepping up the education (peacefully or with clue-by-4 methods in a metaphorical sense) is needed. I am just not sure that taking bad ideas from cyberspace into the real world is a good idea.

There is no fear here, why did you think I was afraid? I am only raising some potential drawbacks people should be considering if embarking on such a strategy.

It will take real nerve, and building up a strong network able to provide support, for people to use that Terms of Service Approach.

That and accepting that “nice” does not cut it anymore.

I heard a long time ago that people don’t want “nice”, they want consistency. That was my motivation to become a curmudgeon as I aged. According to my wife and children, I’ve achieved my goal.

My older son once remarked, “Dad needs subtitles.” That’s now my motto. Or would be if I wanted to have a motto.

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