[LINK] RIP Printed Evidence of Payments

[Roger Clarke]

At 11:26 +1100 1/11/13, Jim Birch wrote:
>  ...  My daughter and a lot of her friends
>has a paid Evernote account and uploads just about everything and anything,
>including lecture notes, pdfs, photos, etc.  $50 per year for practically
>unlimited lifetime personal storage.  You'd have to trust the system to a
>certain extent to do this.

The sales catchphrase is 'Remember Everything'.

But that doesn't appear to be a 'core promise':
"[Evernote] ... reserve the right to establish limits to ... your 
continued ability to access ... your Content and other data, and 
impose other limitations at any time, with or without notice".

(What parts of 'remember', 'ever' and 'every' don't they understand?).



A few extracts from http://evernote.com/legal/tos.php :

You also agree that Evernote has the right to elect not to accept, 
post, store, display, publish or transmit any Content in our sole 
discretion.

Right to Modify the Service.
We retain the right, in our sole discretion, to implement new 
elements as part of and/or ancillary to the Service and any Evernote 
Software, including changes that may affect the previous mode of 
operation of the Service. We expect that any such modifications will 
enhance the overall Service, but it is possible that you may not 
agree with us. We also reserve the right to establish limits to the 
nature or size of storage available to you, the number of 
transmissions and email messages, the nature or size of any index or 
library information, the nature of, or your continued ability to 
access or distribute, your Content and other data, and impose other 
limitations at any time, with or without notice.


Evernote may suspend access to your account, or close your account, 
with or without notice according to these Terms. Reasons for Evernote 
suspending or closing your account may include, without limitation: 
(i) breach or violation of these Terms or any Separate Agreement, 
(ii) an extended period of inactivity (determined in Evernote's sole 
discretion), (iii) your nonpayment of any fees or other sums due 
Evernote or any other party related to your use of the Service, (iv) 
the discontinuance or material modification of the Service (or any 
part thereof) or (vi) unexpected technical or security issues or 
problems.

In most cases, in the event we elect to close your account , we will 
provide at least 30 days advance notice to you at the email address 
you have provided to us, so you have a chance to retrieve any Content 
stored on the Service servers (unless we determine that we are 
legally prohibited from enabling you to do so). After the expiration 
of this notice period, you will no longer be able to retrieve Content 
contained in that account or otherwise use the Service through that 
account.


The Service Is Available "As Is." YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS 
ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AND PRODUCTS ARE 
SOLD ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT 
PERMITTED BY LAW, EVERNOTE EXPRESSLY DISCLAIMS ALL WARRANTIES AND 
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT 
NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND 
NON-INFRINGEMENT.


-- 
Roger Clarke                                 http://www.rogerclarke.com/
			            
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 6916                        http://about.me/roger.clarke
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in the Faculty of Law            University of N.S.W.
Visiting Professor in Computer Science    Australian National University