IIRC, wohiper_-_'s version of the story is that he and seller negotiated some terms, sent them an escrow request to QS, who agreed, but then sent different terms back, once W saw QS's terms were different from the ones he agreed to with seller, he decided not to go, and cancelled.
Sending back your own terms is implicit DISagreement with, and refusal to escrow under, the original set of idiotic terms you were sent. Jeopardy only attaches once both counterparties agree to the escrow agent's ToS. If I got sent idiotic terms from both counterparties treating me like an idiot, I wouldn't respond with my own terms (assuming the counterparties could have known from my public ToS that sending their own was verboten), I would respond with something like, "
Screw the money, I HAVE RULES! Find another escrow!"
@TBZ and @Vod, also note that if you publically disagree with QS's actions, he can interpret your disagrement as an "attempt to weaken the trust system, and therefore scammy behavior" and will use that argument as a reason to neg rep you (he used this rationale to neg-rep me with his alt ACCTSeller, see my feedback page---effectively, if you disagree with QS, you are exhibiting scammy behavior).
He can, but he hasn't. I await my punishment. LOL