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<div id="header">Have you read your working contract?</div>
<div class="wrapper">
<div class="index-menu">
<a class="menu-title" >Table of Contents</a><br><br>
<a class="index-menu-single" href="#start">1. Terms of Service</a><br>
<a class="index-menu-single" href="#interpretation">2-1. Interpretation</a><br>
<a class="index-menu-single" href="#definitions">2-2. Definitions</a><br>
<a class="index-menu-single" href="#hyryc">&#10551; HAVE YOU READ YOUR CONTRACT?</a><br>
<a class="index-menu-single" href="#textpublishingarchive">&#10551; DIGITAL TEXT PUBLISHING ARCHIVE</a><br>
<a class="index-menu-single" href="#analysis">&#10551; WORD ANALYSIS</a><br>
<a class="index-menu-single" href="#obfuscation">&#10551; OBFUSCATION OF LANGUAGE</a><br>
</div>
<div class="index-menu-right">
<a class="menu-title" >List of Terms of Services</a><br><br>
<a class="menu-title-country" >Russia</a><br><br>
<a class="index-menu-single single-right" href="#start">FaceApp</a><br><br>
<a class="menu-title-country" >China</a><br><br>
<a class="index-menu-single single-right" href="#interpretation">TicTok</a><br><br>
<a class="menu-title-country" >U.S.A.</a><br><br>
<a class="index-menu-single single-right" href="#definitions">PokemonGo</a><br>
<a class="index-menu-single single-right" href="#hyryc">Snapchat</a><br>
<a class="index-menu-single single-right" href="#textpublishingarchive">Netflix</a><br>
<a class="index-menu-single single-right" href="#hyryc">facebook</a><br>
<a class="index-menu-single single-right" href="#hyryc">instagram</a><br>
<a class="index-menu-single single-right" href="#analysis">Amazon</a><br><br>
<a class="menu-title-country" >Japan</a><br><br>
<a class="index-menu-single" href="#obfuscation">Sony</a><br>
<br><br><br>
<a class="menu-title" >List of Colonial Treaties</a><br><br>
<a class="menu-title-country" >Russia</a><br><br>
<a class="index-menu-single single-right" href="#start">Peace Treaty of Tartu, Estonia</a><br><br>
<a class="menu-title-country" >China</a><br><br>
<a class="index-menu-single single-right" href="#interpretation">TicTok</a><br><br>
<a class="menu-title-country" >U.S.A.</a><br><br>
<a class="index-menu-single single-right" href="#definitions">Treaty of Paris (1898)</a><br><br>
<a class="menu-title-country" >U.K.</a><br><br>
<a class="index-menu-single single-right" href="#interpretation">United Kingdom–Korea Treaty of 1883</a><br>
<a class="index-menu-single single-right" href="#interpretation">Hong Kong Letters Patent 1843</a><br><br>
<a class="menu-title-country" >Japan</a><br><br>
<a class="index-menu-single" href="#obfuscation">Japan–Korea Agreement of 1905
</a><br><br>
</div>
<div class="tos">
<br><br>
<!-- <div id="title-text">Have you read your working contract?</div> -->
<br><br><br>
<h1><a name="start"></a>Terms of Service</h1><br>
<p>Last updated: April 28, 2020</p>
<p>Please read these terms of service carefully before using Our service.</p><br><br><br><br>
<h1>Interpretation and Definitions</h1><br>
<h2><a name="interpretation"></a>Interpretation</h2>
<p>The words of which the initial letter is capitalized have meanings defined under the following conditions.</p><br>
<p>The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.</p>
<br><br><br>
<h2><a name="definitions"></a>Definitions</h2>
<p>For the purposes of these Terms of service:</p>
<ul>
<li><a name="hyryc"></a><strong>HAVE YOU READ YOUR CONTRACT?</strong> is a modern-digital-colonial <a class="text" href="#textpublishingarchive">text publishing archive</a>, a series of word analysis that reveals the modern-colonial contexts/words in <a class="text" href="#tos">'Terms of Service (ToS)'</a>. ToS is a modern working/slavery contract in <a class="text" href="#digitalcolonialsociety">digital colonial society</a>, where big companies are dominating the power structures via ToS to deceive users. The project introduces the resemblance of <a class="text" href="#colonialtreaties">colonial treaties</a> in historical colonialism to the digital society by mapping out the whole architecture of language used in ToS comparing with historical colonial treaties.</li><br>
<li><a name="textpublishingarchive"></a><strong>DIGITAL TEXT PUBLISHING ARCHIVE</strong> 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<a id="reference-number" href="#1" class="text">[1]<span class="text-hover">(Zelkowitz, 2003): Advances in Computers: Information Repositories edited by Marvin Zelkowitz</span></a>. 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. </li><br>
<li><a name="analysis"></a><strong>WORD ANALYSIS</strong> is very important because of <a class="text" href="#obfuscation">obfuscation of language</a> 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. Therefore, vernaculars used in English ToS, which has similarities to <a class="text" href="#colonialtreaties">colonial treaties</a> will be discovered by analyzing the words that were used during this period.</li><br>
<li><a name="obfuscation"></a><strong>OBFUSCATION OF LANGUAGE</strong>: <a class="text" href="#tos">Terms of Service</a> tend 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 <a class="text" href="#colonialtreaties">colonial treaties</a> as well. </li><br>
<li><a name="colonialtreaties"></a><strong>COLONIAL TREATIES</strong> 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 class="text">a treaty of Ganghwa Island<span class="text-hover-img"><img src="img/ganghwa.jpg" ></span></a> 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. By doing so, the Empire of Japan had a full control over rullig Korean Empire <a id="reference-number" href="#2" class="text">[2]<span class="text-hover">(Duus, 1998):The Abacus and the Sword: The Japanese Penetration of Korea. University of California Press</span></a>.</li><br>
<li><a name="digitalcolonialsociety"></a><strong>DIGITAL COLONIAL SOCIETY</strong>: It is a concept based on <a class="text" href="#digitalsociety">a digital society <span class="text-hover">that every aspect of lives is profoundly being affected by the domination of digital technology</span></a> where user's online behavior becomes monetisable commodity to be sold by <a class="text" href="#bigcorporations">big corporations<span class="text-hover">giving them direct power over political, economic and cultural domains of life</span></a>, and users don't properly get paid. This ingenious ways of extracting cheap labour from users show similar ways of exploitating natural/human resources in colonial times.
<br><br>
<a class="text">(+)<span class="text-hover-top">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)</span></a> 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 (Couldry, 2019).
</li>
<br>
<li><strong>THE IDEA OF COLONIALISM</strong> seems to be an eternal loop that comes back throughout history. It is essential not to ignore that digital colonialism is applicable to countries regardless of the history.</li><br>
<li><a name="tos"></a><strong>TERMS OF SERVICE (TOS)</strong> is also known as terms of use and 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 these Terms of service that form the entire agreement between You and the Company regarding the use of the service. This Terms of service agreement as been created with the help of <a class="text" href="https://app.termsfeed.com/download/free?agreement_type=TC&token=4687b8bf6d64d334e89197146ee96509">Terms of service Generator</a>.</li><br>
<li><strong>COMPANY</strong> (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Have You Read Your Contract?.</li><br>
<li><strong>COUNTRY</strong> refers to: Netherlands</li><br>
<li><strong>DEVICE</strong> means any device that can access the service such as a computer, a cellphone or a digital tablet.</li><br>
<li><strong>SERVICE</strong> refers to the Website.</li><br>
<li><strong>THIRD-PARTY SOCIAL MEDIA SERVICE</strong> 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.</li><br>
<li><strong>WEBSITE</strong> refers to Have You Read Your Contract?, accessible from www.haveyoureadyourcontract.com</li><br>
<li><strong>YOU</strong> 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.</li><br>
</ul>
<br><br><br>
<p class="reference-text"><a name="1"></a>[1] (Zelkowitz, 2003): <a class="reference-link" href="https://books.google.nl/books?hl=en&lr=&id=xqvv7yqtr2kC&oi=fnd&pg=PA1&dq=importance+of+knowledge+archiving&ots=9NU6J-zv88&sig=2pkfx30iXkDgFS4-wLsqT9iVs8Y#v=onepage&q=importance%20of%20knowledge%20archiving&f=false">Advances in Computers: Information Repositories edited by Marvin Zelkowitz</a></p>
<p class="reference-text"><a name="2"></a>[2] (Duus, 1998): The Abacus and the Sword: The Japanese Penetration of Korea. University of California Press.</p>
<br><br><br><br>
<h1>Contents</h1><br>
<p>This archive presents the following ToS such as
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<p>Chapter One
A Stop on the Salt Route
1000 B.C.
As they rounded a bend in the path that ran beside the river, Lara recognized the silhouette of a fig tree atop a nearby hill. The weather was hot and the days were long. The fig tree was in full leaf, but not yet bearing fruit.
Soon Lara spotted other landmarks—an outcropping of limestone beside the path that had a silhouette like a man’s face, a marshy spot beside the river where the waterfowl were easily startled, a tall tree that looked like a man with his arms upraised. They were drawing near to the place where there was an island in the river. The island was a good spot to make camp. They would sleep on the island tonight.
Lara had been back and forth along the river path many times in her short life. Her people had not created the path—it had always been there, like the river—but their deerskin-shod feet and the wooden wheels of their handcarts kept the path well worn. Lara’s people were salt traders, and their livelihood took them on a continual journey.
At the mouth of the river, the little group of half a dozen intermingled families gathered salt from the great salt beds beside the sea. They groomed and sifted the salt and loaded it into handcarts. When the carts were full, most of the group would stay behind, taking shelter amid rocks and simple lean-tos, while a band of fifteen or so of the heartier members set out on the path that ran alongside the river.
With their precious cargo of salt, the travelers crossed the coastal lowlands and traveled toward the mountains. But Lara’s people never reached the mountaintops; they traveled only as far as the foothills. Many people lived in the forests and grassy meadows of the foothills, gathered in small villages. In return for salt, these people would give Lara’s people dried meat, animal skins, cloth spun from wool, clay pots, needles and scraping tools carved from bone, and little toys made of wood.
Their bartering done, Lara and her people would travel back down the river path to the sea. The cycle would begin again.
It had always been like this. Lara knew no other life. She traveled back and forth, up and down the river path. No single place was home. She liked the seaside, where there was always fish to eat, and the gentle lapping of the waves lulled her to sleep at night. She was less fond of the foothills, where the path grew steep, the nights could be cold, and views of great distances made her dizzy. She felt uneasy in the villages, and was often shy around strangers. The path itself was where she felt most at home. She loved the smell of the river on a hot day, and the croaking of frogs at night. Vines grew amid the lush foliage along the river, with berries that were good to eat. Even on the hottest day, sundown brought a cool breeze off the water, which sighed and sang amid the reeds and tall grasses.
Of all the places along the path, the area they were approaching, with the island in the river, was Lara’s favorite.
The terrain along this stretch of the river was mostly flat, but in the immediate vicinity of the island, the land on the sunrise side was like a rumpled cloth, with hills and ridges and valleys. Among Lara’s people, there was a wooden baby’s crib, suitable for strapping to a cart, that had been passed down for generations. The island was shaped like that crib, longer than it was wide and pointed at the upriver end, where the flow had eroded both banks. The island was like a crib, and the group of hills on the sunrise side of the river were like old women mantled in heavy cloaks gathered to have a look at the baby in the crib—that was how Lara’s father had once described the lay of the land.
Larth spoke like that all the time, conjuring images of giants and monsters in the landscape. He could perceive the spirits, called numina, that dwelled in rocks and trees. Sometimes he could speak to them and hear what they had to say. The river was his oldest friend and told him where the fishing would be best. From whispers in the wind he could foretell the next day’s weather. Because of such skills, Larth was the leader of the group.
“We’re close to the island, aren’t we, Papa?” said Lara.
“How did you know?”
“The hills. First we start to see the hills, off to the right. The hills grow bigger. And just before we come to the island, we can see the silhouette of that fig tree up there, along the crest of that hill.”
“Good girl!” said Larth, proud of his daughter’s memory and powers of observation. He was a strong, handsome man with flecks of gray in his black beard. His wife had borne several children, but all had died very young except Lara, the last, whom his wife had died bearing. Lara was very precious to him. Like her mother, she had golden hair. Now that she had reached the age of childbearing, Lara was beginning to display the fullness of a woman’s hips and breasts. It was Larth’s greatest wish that he might live to see his own grandchildren. Not every man lived that long, but Larth was hopeful. He had been healthy all his life, partly, he believed, because he had always been careful to show respect to the numina he encountered on his journeys.
Respecting the numina was important. The numen of the river could suck a man under and drown him. The numen of a tree could trip a man with its roots, or drop a rotten branch on his head. Rocks could give way underfoot, chuckling with amusement at their own treachery. Even the sky, with a roar of fury, sometimes sent down fingers of fire that could roast a man like a rabbit on a spit, or worse, leave him alive but robbed of his senses. Larth had heard that the earth itself could open and swallow a man; though he had never actually seen such a thing, he nevertheless performed a ritual each morning, asking the earth’s permission before he went striding across it.
“There’s something so special about this place,” said Lara, gazing at the sparkling river to her left and then at the rocky, tree-spotted hills ahead and to her right. “How was it made? Who made it?”
Larth frowned. The question made no sense to him. A place was never made, it simply was. Small features might change over time. Uprooted by a storm, a tree might fall into the river. A boulder might decide to tumble down the hillside. The numina that animated all things went about reshaping the landscape from day to day, but the essential things never changed, and had always existed: the river, the hills, the sky, the sun, the sea, the salt beds at the mouth of the river.
He was trying to think of some way to express these thoughts to Lara, when a deer, drinking at the river, was startled by their approach. The deer bolted up the brushy bank and onto the path. Instead of running to safety, the creature stood and stared at them. As clearly as if the animal had whispered aloud, Larth heard the words “Eat me.” The deer was offering herself.
Larth turned to shout an order, but the most skilled hunter of the group, a youth called Po, was already in motion. Po ran forward, raised the sharpened stick he always carried and hurled it whistling through the air between Larth and Lara.
A heartbeat later, the spear struck the deer’s breast with such force that the creature was knocked to the ground. Unable to rise, she thrashed her neck and flailed her long, slender legs. Po ran past Larth and Lara. When he reached the deer, he pulled the spear free and stabbed the creature again. The deer released a stifled noise, like a gasp, and stopped moving.
There was a cheer from the group. Instead of yet another dinner of fish from the river, tonight there would be venison.
The distance from the riverbank to the island was not great, but at this time of year—early summer—the river was too high to wade across. Lara’s people had long ago made simple rafts of branches lashed together with leather thongs, which they left on the riverbanks, repairing and replacing them as needed. When they last passed this way, there had been three rafts, all in good condition, left on the east bank. Two of the rafts were still there, but one was missing.
“I see it! There—pulled up on the bank of the island, almost hidden among those leaves,” said Po, whose eyes were sharp. “Someone must have used it to cross over.”
“Perhaps they’re still on the island,” said Larth. He did not begrudge others the use of the rafts, and the island was large enough to share. Nonetheless, the situation required caution. He cupped his hands to his mouth and gave a shout. It was not long before a man appeared on the bank of the island. The man waved.
“Do we know him?” said Larth, squinting.
“I don’t think so,” said Po. “He’s young—my age or younger, I’d say. He looks strong.”
“Very strong!” said Lara. Even from this distance, the young stranger’s brawniness was impressive. He wore a short tunic without sleeves, and Lara had never seen such arms on a man.
Po, who was small and wiry, looked at Lara sidelong and frowned. “I’m not sure I like the look of this stranger.”
“Why not?” said Lara. “He’s smiling at us.”
In fact, the young man was smiling at Lara, and Lara alone.
His name was Tarketios. Much more than that, Larth could not tell, for the stranger spoke a language which Larth did not recognize, in which each word seemed as long and convoluted as the man’s name. Understanding the deer had been easier than understanding the strange noises uttered by this man and his two companions! Even so, they seemed friendly, and the three of them presented no threat to the more numerous salt traders.
Tarketios and his two older companions were skilled metalworkers from a region some two hundred miles to the north, where the hills were rich with iron, copper, and lead. They had been on a trading journey to the south and were returning home. Just as the river path carried Larth’s people from the seashore to the hills, so another path, perpendicular to the river, traversed the long coastal plain. Because the island provided an easy place to ford the river, it was here that the two paths intersected. On this occasion, the salt traders and the metal traders happened to arrive at the island on the same day. Now they met for the first time.
The two groups made separate camps at opposite ends of the island. As a gesture of friendship, speaking with his hands, Larth invited Tarketios and the others to share the venison that night. As the hosts and their guests feasted around the roasting fire, Tarketios tried to explain something of his craft. Firelight glittered in Lara’s eyes as she watched Tarketios point at the flames and mime the act of hammering. Firelight danced across the flexing muscles of his arms and shoulders. When he smiled at her, his grin was like a boast. She had never seen teeth so white and so perfect.
Po saw the looks the two exchanged and frowned. Lara’s father saw the same looks and smiled.
The meal was over. The metal traders, after many gestures of gratitude for the venison, withdrew to their camp at the far side of the island. Before he disappeared into the shadows, Tarketios looked over his shoulder and gave Lara a parting grin.
While the others settled down to sleep, Larth stayed awake a while longer, as was his habit. He liked to watch the fire. Like all other things, fire possessed a numen that sometimes communicated with him, showing him visions. As the last of the embers faded into darkness, Larth fell asleep.
Larth blinked. The flames, which had dwindled to almost nothing, suddenly shot up again. Hot air rushed over his face. His eyes were seared by white flames brighter than the sun.
Amid the dazzling brightness, he perceived a thing that levitated above the flames. It was a masculine member, disembodied but nonetheless rampant and upright. It bore wings, like a bird, and hovered in midair. Though it seemed to be made of flesh, it was impervious to the flames.
Larth had seen the winged phallus before, always in such circumstances, when he stared at a fire and entered a dream state. He had even given it a name, or more precisely, the thing had planted its name in his mind: Fascinus.
Fascinus was not like the numina that animated trees, stones, or rivers. Those numina existed without names. Each was bound to the object in which it resided, and there was little to differentiate one from another. When such numina spoke, they could not always be trusted. Sometimes they were friendly, but at other times they were mischievous or even hostile.
Fascinus was different. It was unique. It existed in and of itself, without beginning or end. Clearly, from its form, it had something to do with life and the origin of life, yet it seemed to come from a place beyond this world, slipping for a few moments through a breach opened by the heat of the dancing flames. An appearance by Fascinus was always significant. The winged phallus never appeared without giving Larth an answer to a dilemma that had been troubling him, or planting an important new thought in his mind. The guidance given to him by Fascinus had never led Larth astray.
Elsewhere, in distant lands—Greece, Israel, Egypt—men and women worshiped gods and goddesses. Those people made images of their gods, told stories about them, and worshiped them in temples. Larth had never met such people. He had never even heard of the lands where they lived, and he had never encountered or conceived of a god. The very concept of a deity such as those other men worshiped was unknown to Larth, but the closest thing to a god in his imagination and experience was Fascinus.
With a start, he blinked again.
The flames had died. In place of intolerable brightness there was only the darkness of a warm summer night lit by the faintest sliver of a moon. The air on his face was no longer hot but fresh and cool.
Fascinus had vanished—but not without planting a thought in Larth’s mind. He hurried to the leafy bower beside the river where Lara liked to sleep, thinking to himself, It must be made so, because Fascinus says it must!
He knelt beside her, but there was no need to wake her. She was already awake.
“Papa? What is it?”
“Go to him!”
She did not need to ask for an explanation. It was what she had been yearning to do, lying restless and eager in the dark.
“Are you sure, Papa?”
“Fascinus . . . ,” He did not finish the thought, but she understood. She had never seen Fascinus, but he had told her about it. Many times in the past, Fascinus had given guidance to her father. Now, once again, Fascinus had made its will known.
The darkness did not deter her. She knew every twist and turn of every path on the little island. When she came to the metal trader’s camp, she found Tarketios lying in a leafy nook secluded from the others; she recognized him by his brawny silhouette. He was awake and waiting, just as she had been lying awake, waiting, when her father came to her.
At her approach, Tarketios rose onto his elbows. He spoke her name in a whisper. There was a quiver of something like desperation in his voice; his neediness made her smile. She sighed and lowered herself beside him. By the faint moonlight, she saw that he wore an amulet of some sort, suspended from a strap of leather around his neck. Nestled amid the hair on his chest, the bit of shapeless metal seemed to capture and concentrate the faint moonlight, casting back a radiance brighter than the moon itself.
His arms—the arms she had so admired earlier—reached out and closed around her in a surprisingly gentle embrace. His body was as warm and naked as her own, but much bigger and much harder. She wondered if Fascinus was with them in the darkness, for she seemed to feel the beating of wings between their legs as she was entered by the thing that gave origin to life.
Copyright © 2007 by Steven Saylor. All rights reserved.
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, TikTok, PokemonGo, Snaptchat, Netflix, Amazon, Aibo(Sony). We also provide some historical treaties made during one's colonial era, such as ........, for you to interpret how the former might have had some similar characteristics to the latter.</p>
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<h1>our service</h1>
<ul>
<li>to contribute a platform of reading ToS. In doing so, it questions what does it mean to provide ToS in the digital corporate society.</li><br>
<li>to question the concept of digital colonialism by providing visualization of ToS language as a modern-colonial tool to deceive users.</li><br>
<li>to analyze ToS from major tech companies to investigate how particular terms are being used in the specific context of ToS. Because ToS platforms have different tones of voice, different words are being used. How does the platforms have modern-colonial aspects in ToS?</li><br>
<li>to examine what is modern-colonial language by taking a closer look on words within the realm of ToS. This provides categorization of modern-colonial language into digital colonial glossary.</li><br>
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<li></li><br>
<li></li><br>
<li></li><br>
<li></li><br>
<li></li><br>
<li></li><br>
</ul>
<h1>Acknowledgement</h1>
<p>These are the Terms of service governing the use of this service and the agreement that operates between You and the Company. These Terms of service set out the rights and obligations of all users regarding the use of the service.</p>
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