(Archived) TOS#3: third parties to review Content IN my notes?

[netstepinc 7]

http://www.evernote.com/about/tos/

I was recommending Evernote to someone today, then they wrote back and asked about #3 in the Terms of Service where it says third parties can look at user content. That caught me off guard so I thought I should ask the question here so I can have an answer for people.

Is Evernote content safe and private or do they distribute the index content?

3. MEMBER CONDUCT

You acknowledge and agree that all information, data, text, images, software, sounds, graphics, video, messages, tags and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Service (“Content”), are the sole responsibility of the person(s) originating such Content and introducing such Content into the Service. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content available with the Service, and to enable certain third parties to review Content, without obligation to any person.

What third parties are reviewing the content of my notes?

[engberg 89]

If we are legally required to grant access to an account (e.g. due to a binding court order), then we would be compelled to do so.

So far, this has not happened for any of our 2.4 million accounts.

[netstepinc 7]

So you are saying that there is a reasonable expectation of privacy within our Evernote accounts?

You do not monetize or share or aggregate or in any way distribute the data or summaries of the data to other companies, correct?

Like most people, I don't read TOS pages...just check the box....so I was impressed my friend did and asked this question.

Thank you for the response.

[engberg 89]

We have never given any content of any accounts to a third parties, but need to state that we may need to do so if legally required.

We've asked our lawyer to try to clean up this language to make our intent more clear.

Thanks