A service provider makes one decision and it impacts N users. A user consumes from M service providers. A user evaluating whether a service provider is trying to “pull one over” on them in the TOS costs M units of time, 1 unit per service provider. A service provider deciding to choose the cow path as the default saves N units of time and costs the service provider 1 unit.
I engage with service providers that respect my time. If I suspect your default is user hostile, and provide a “we won’t exploit you in this relationship” as an option, I look elsewhere.
This breaks down in places though. Example: I haven’t found a communication provider that doesn’t default to building a profile on me and selling it to anyone willing to pay.
The lack of choice for me makes me wish a governing body would intervene and give me a marketplace where I didn’t have to waste my valuable time making sure the person I was engaging with wasn’t going to pull one over on me.