[frossie]

Is there a way to avoid the backlash altogether?

Err, write TOSes that are not a land grab of other people's intellectual private property and/or private data? You make it sound like it is unreasonable to care about that.

[tobyjsullivan]

I think you underestimate the Internet's ability to find things to misquote and complain about.

The predominant backlash to Google's recent ToS changes come to mind as an example of selective content being reported out of context.