# About Cookies On This Site

This website or its third-party tools process personal data (e.g. browsing data or IP addresses) and use cookies or other identifiers, which are necessary for its functioning and required to achieve the purposes illustrated in the cookie policy. You accept the use of cookies or other identifiers by closing or dismissing this notice, by clicking a link or button or by continuing to browse otherwise.
We also share information about your use of our site with our advertising and analytics partners. Read more about any of the purposes or vendors that we use, and exercise choices, by clicking 'Agree'.
By choosing “Agree” below, you agree that this website uses cookies, similar tracking and storage technologies, and information about the device you use to access our sites to enhance your viewing, user experience, personalize content. Click “Agree” to consent to these uses.

Agree
1. Terms of Service
2. INTERPRETATION & DEFINITIONS
2-1. Interpretation
2-2. Definitions
▼
⤷ PARALLEL COLONIALISM
⤷ DIGITA COLONIAL SOCIETY
⤷ DIGTAL LABOUR
⤷ DIGITAL TEXT PUBLISHING ARCHIVE
⤷ WORD ANALYSIS
⤷ RESEMBLANCE OF TOS AND TREATIES
⤷ TERMS OF SERVICES
⤷ COLONIAL TREATIES
⤷ OBFUSCATION OF LANGUAGE
⤷ THE IDEA OF COLONIALISM
⤷ AFFILATE
⤷ COMPANY
⤷ COUNTRY
⤷ DEVICE
⤷ SERVICE
⤷ THIRD-PARTY SOCIAL MEDIA SERVICE
⤷ WEBSITE
⤷ YOU
3. IMPORTANT ASPECTS
4. CONTENTS
5. OUR SERVICE
6. ACKNOWLEDGEMENT
7. DEPENDENCIES
8. TERMINATION
9. LIABILITY
10. EU USERS
11.TRANSLATION INTERPRETATION
12. LINKS REFERENCES
13. LICENSE
14. CHANGES
15. CONTACT US
Parallel Colonialism — Reading between the lines of colonial and contemporary terms

# Terms of Service

Last updated: April 28, 2020

Please read these terms of service carefully before using Our service.

# Interpretation and Definitions

## Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

## Definitions

For the purposes of these Terms of service:

- PARALLEL COLONIALISM is a digital text archiving tool that offers a comparative reading application between historical and contemporary documents. It allows users to experience how regulatory terms play in colonialism by offering two types of legal documents: Terms of Services and historical colonial treaties. This project opens up discussions in finding a colonial resemblance by mapping out the whole contractual landscape of terms used in each document.
- DIGITAL COLONIAL SOCIETY is a concept based on a digital society that every aspect of lives is profoundly being affected by the domination of digital technology where colonial heritages are omnipresent. As the Internet has become more prevalent in our lives, tech companies easily make use of users' online activities as monetizable commodities. This can be sold by big tech corporations giving them direct power over political, economic and cultural domains of life, users become digital workers of companies who use their digital labour freely to extract data through their online activities. This relationship between companies and users are inequitable, feels exploitative, and unfair. Interestingly, all of this shows similarities to the appropriating of human life, dispossessing natural resources, and dominating economics by indoctrinating and monopolizing manipulation in colonial times.
  (+)Although it is clear that the modes, intensities, scales, and contexts of today's digital colonialism are distinctive from the historical colonialism, the underlying power structures remain the same (Couldry, 2019) Of course, this doesn't mean that the transformation of colonialism has done fully identical. Unlike a historical colony that was bounded mostly by geographical locations, a digital colony has no physical borders. There are no geographical locations, there are only IP addresses, domain names, and user's data. Therefore, digital colonialism expands by exploiting more layers of human life itself through the use of technology [1](Couldry, 2019).

- DIGITAL LABOUR is a concept that has become a crucial foundation of discussions within the realm of the political economy of the Internet (Burston, Dyer-Witheford and Hearn 2010; Fuchs and Dyer-Witheford 2013; Scholz 2012). During the development of Internet, people started making use of the Internet as a profitable space by strategically taking data from user’s online activitiesThese online activities can be defined as digital labour, such as simply browsing the Internet, being active in social networking sites, microblogs or content sharing sites related to leisure activities. In this way, users automatically contribute to the profitability of companies in the digital space through non-reciprocally made consent by users who unwittingly clicked Terms of Services.
- DIGITAL TEXT PUBLISHING ARCHIVE means a digital (repository) infrastructure of text material that I desire to keep for a long-term preservation. It is evident that not much of digital material will survive [3](Zelkowitz, 2003): Advances in Computers: Information Repositories edited by Marvin Zelkowitz. Archiving is important in digital age as a preservation tool because of perpetual changes in digital platform. This platform archives collections of related informations about my project including news articles, videos, books, tweets ... to proffer knowledges I gleaned from the web. The archive will contain different analyzations on the modern-colonial words and contexts.
- WORD ANALYSIS is very important because of the obfuscation of language in ToS. Usually ToS are made with polite and generic language to deceive users. By using these general terms, those big tech companies try to wash their hands of responsibility and disclaim their liability to back up themselves. Similarly to the language of ToS, the terminology in treaties are phrased in an equivocally circuitous manner that it's indirect.
- RESEMBLANCE OF TERMS OF SERVICE AND COLONIAL TREATIES: I insist that we are subject to be oblivious to these details in ToS agreements, although we all know of their existence. Everywhere on website you consistently have to click 'agree' or 'yes' to use the service provided from companies. Seeing ToS as modern working contract is urgent because it is apparent that companies are deliberately "hiring" users to let them join the forcefully produced labour farm.
- TERMS OF SERVICE (TOS) is also known as 'Terms of Use' or 'Terms and Conditions', commonly abbreviated as 'ToS' are the legal agreements between a service provider and a person who wants to use that service. This means that Terms of service forms the entire agreement between You and the Company regarding the use of the service. Terms of Services are way too long that users don't read them and just click accept. This Terms of service agreement has been created with the help of Terms of service Generator.

- ⤷ are written in a way that renders them functionally useless to most users with impenetrable legalese terms.
- ⤷ equivocate on the question of who you are selling the data or what they are sharing with.
- ⤷ obfuscate the meaning of the context.
- ⤷ are being as opaque as possible about their intentions.
- ⤷ are way too long that users don't read them and just click accept.
- ⤷ Mislead users on their true intentions.
- ⤷ The power of ToS is equvalent of the length of Terms of Service.

- COLONIAL TREATIES are known as agreements, pacts and major contracts made between countries during colonial times. It was a formally concluded agreement between a colonizer and a colony, these treaties are a binding formal agreement that establishes obligations between two or more subjects. Most of the time, colonial treaties were coercively made by a colonizer. It was very common that colonial treaties were slanted in favour of the colonizer, and pushed to sign it without knowing that sovreignty or jurisdiction will be infringed. One of the example would be, a treaty of Ganghwa Island made between Japanese and Korean. They used a term called 'Unequal treaty' to refer that the treaty had generally regarded as an unequal treaty coerced by Japan. This gave extraterritorial rights to Japanese citizens in Korea, and forced the Korean government to open 3 ports to Japan.[2](Duus, 1998):The Abacus and the Sword: The Japanese Penetration of Korea. University of California Press.

- ⤷ are sometimes written in a way that renders them functionally useless.
- ⤷ to most indigenous people with superior languages.
- ⤷ equivocate on how they will colonize the colony.
- ⤷ obfuscate the meaning of the context.
- ⤷ are being as opaque as possible about their intentions.
- ⤷ have unequal access to language in the side of the colonized.

- OBFUSCATION OF LANGUAGE: Terms of Service tends to obfuscate its meaning of contexts by having a way too long texts, so that users don't read them and just click accept. Usually, ToS are written in impenetrable legalise, intentionally vague and generic language that designed to make it impossible to deceive users. During colonial times, obfuscation of language was happening in colonial treaties as well [4]Article: Terms And Conditions Are The Biggest Lie Of Our Industry.
- THE IDEA OF COLONIALISM seems to be an eternal loop that comes back throughout history. The colonial heritage is omnipresent in every part of our lives from education programs, languages, gender and sexuality, religion, fashion, food even in digital sphere too [5]DiVersions / DiVersions / DiVersies . Therefore, it is essential not to ignore that digital colonialism is applicable to every countries regardless of the history.
- AFFILATE means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- COMPANY (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Parallel Colonialism.
- COUNTRY refers to: Netherlands.
- DEVICE means any device that can access the service such as a computer, a cellphone or a digital tablet.
- SERVICE refers to the Website.
- THIRD-PARTY SOCIAL MEDIA SERVICE means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the service.
- WEBSITE refers to Parallel Colonialism, accessible from www.haveyoureadyourcontract.com
- YOU means the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.

[1] Couldry, N. and Mejias, U.A. (2019) The costs of connection: how data is colonizing human life and appropriating it for capitalism. Culture and economic life. Stanford, California: Stanford University Press.

[2] (Duus, 1998): The Abacus and the Sword: The Japanese Penetration of Korea. University of California Press.

[3] (Zelkowitz, 2003): Advances in Computers: Information Repositories edited by Marvin Zelkowitz

[4] Article: Terms And Conditions Are The Biggest Lie Of Our Industry

# Contents

This platform presents two different types of legal documents. The left side of the archive presents a series of contemporary legal documents: Terms of Services such as FaceApp, Tiktok, PokemonGo, Snapchat, Netflix, Facebook, Instagram, Amazon and Sony. On the right side, it shows a group of historical legal documents: Colonial treaties and agreements such as the Peace Treaty of Tartu, Kiram-Bates Treaty, United Kingdom–Korea Treaty of 1883, Hong Kong Letters Patent 1843 and Japan–Korea Agreement of 1905. By selecting one of each document, a parallel reading platform is enabled, in which you can comparatively label, highlight, and analyze a range of specific terms. This will help you to analyze on how these documents operate similar ways in colonialism.

# our service

- ⤷ is to provide a suggestive way of comparing reading application from neutral documents.
- ⤷ is to contribute a platform of reading ToS. In doing so, it questions what it means to provide ToS in the digital corporate society.
- ⤷ is to question the concept of digital colonialism by providing a tool to read languages of Terms of Service as a modern-colonial means to deceive users.
- ⤷ is to analyze ToS from major tech companies to investigate how particular terms are being used in the specific context of ToS. How does these platforms have modern-colonial aspects in ToS?
- ⤷ is to examine what is modern-colonial languages by taking a closer look on terms within the realm of ToS and historical treaties.

# Important Aspects

- ⤷ As a contract: Histocial treaty was sneakily made as a contract in colonial era to get whatever profit out of their colony. Those big companies are dominating the power structures via Terms of Service as a contract to deceive users.
- ⤷ Language as a colonial tool: Colonial treaties and Terms of Service are to show a way to indoctrinate/manipulate colonize subjects by language.
- ⤷ Polarity of calming language: Using a calming language from colonizers become a colonial language. In the modern times, companies are using highly polarized terms, as their calming language, to obfuscate or conceal the meaning to deceive users.
- ⤷ Language as a colonial waterway: The shiproutes in colonial times are used to sail to exchange goods, extract sources, and import labours. Through Language as a colonial waterway, it became a medium by which to interface with the colonizer in history and modern times.

# Acknowledgement

These are the Terms and Service governing the use of this Service and the agreement that operates between You and this website. These Terms of Service set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Service. These Terms and Service apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Service. If You disagree with any part of these Terms and Service then You may not access the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Website. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Important Aspects of the Website carefully before using Our Service.

# Dependencies

- Python is a computer language that is developed under an open source license, making it freely usable and distributable, even for commercial use. I used the Python library NLTK to create Part of Speech taggers in order to categorize words in the Terms of Service and the colonial treaties.
- NLTK is a leading platform to work with human language data. It provided this project for classification, tokenization and tagging words.
- POS Tagger is the process of classifying words into their parts of speech and labeling them accordingly in NLTK. It reads text in some language and assigns parts of speech to each word (and other token), such as noun, verb, adjective and more. An alphabetical list of part-of-speech tags used in this project are as followed:
- ⤷ TO: to
- ⤷ DT: Determiner
- ⤷ IN: Preposition or subordinating conjunction
- ⤷ WDT: Wh-determiner
- ⤷ WP: Wh-pronoun
- ⤷ MD: Modal
- ⤷ PRP: Personal pronoun
- ⤷ CC: Coordinating conjunction
- ⤷ NN: Noun, singular or mass
- ⤷ NNS: Noun, plural
- ⤷ NNPS: Proper noun, singular
- ⤷ NNPS: Proper noun, plural
- ⤷ VB: Verb, base form
- ⤷ VBD: Verb, past tens
- ⤷ VBG: Verb, gerund or present participle
- ⤷ VBN: Verb, past participle
- ⤷ VBP: Verb, non-3rd person singular present
- ⤷ VBZ: Verb, 3rd person singular present
- ⤷ VVD: verb, past tense
- ⤷ JJ: Adjective
- ⤷ JJR: Adjective, comparative
- ⤷ JJS: Adjective, superlative
- ⤷ RB: Adverb
- ⤷ RBR: Adverb, comparative
- ⤷ RBS: Adverb, superlative

# Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the service will cease immediately.

# Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the service or 100 USD if You haven't purchased anything through the service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

# For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

# Translation Interpretation

These Terms of service may have been translated if We have made them available to You on our service. You agree that the original English text shall prevail in the case of a dispute.

# Links to Other Websites

Our service may contain links to reference websites or services that are not owned or controlled by the Website. The website has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms of service and privacy policies of any third-party web sites or services that You visit.

## Website References

- Amazon and Google are listening to your voice recordings. Here's what we know about that.
- FaceApp says it's not uploading all your photos.
- FaceApp was a test. We didn't pass.
- Don’t Install TikTok On Your Phone, It’s A Spyware: Reddit CEO.
- Think FaceApp Is Scary? Wait Till You Hear About Facebook.
- Yes, the robot dog ate your privacy.
- Most Website Terms of Service Are Functionally Incomprehensible to Americans.
- Disney claims anyone using a Twitter hashtag is agreeing to their terms of use.
- Terms And Conditions Are The Biggest Lie Of Our Industry.
- Click to agree with what? No one reads terms of service, studies confirm.
- Why Do We Blindly Sign Terms Of Service Agreements?
- Tiktok secretly loaded with chinese surveillance software, lawsuit claims.
- Burning out digital colonialism
- Most Website Terms of Service Are Functionally Incomprehensible to Americans.

## Visual References

- Isgrò and Waters, problem erased.
- Jenny Holzer
- Zong! As told to the author by Setaey Adamu Boateng
- Tom Phillips
- Colonial Treaties in Africa: British Protection Treaty with the Itsekiri of Nigeria 1884

# License

Copyleft: This is a free work. You can copy, distribute, and modify it under the terms of the Free Art License

# Changes to These Terms of service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the service.

# Contact Us

This work has been produced in the context of the graduation research of Bohye Woo from the Experimental Publishing (XPUB) Master course at the Piet Zwart Institute, Willem de Kooning Academy, Rotterdam University of Applied Sciences.
XPUB is a two year Master of Arts in Fine Art and Design that focuses on the intents, means and consequences of making things public and creating publics in the age of post-digital networks.

If you have any questions about these Terms of service, You can contact us:

By email: info@parallelcolonialism.com