[greggyb]

See sibling. The highlighted section would be equivalent (using my analogy from above), to eBay banning a seller who repeatedly offers items, but does not deliver them upon sale.

You don't defraud eBay/customers by saying you have a good when you don't actually have it, and you don't defraud Uber/customers by saying you are available to drive when you actually aren't.

You can choose when to offer an item for sale, and when you choose to be available to give rides for Uber.