Why would you think that? I didn't read them carefully, but the TOS seem reasonable, granting Evernote a limited license to the data for the purpose of providing the service.
Because a rational person will assume a TOS attempts to acquire as many rights as possible. I certainly don't read them because IANAL.
This is just a round about way of saying "I sure am surprised people think they 'own' their data if it's stored and managed by a commercial entity as a business and not spelled out as a primary feature of the service".
The primary business purpose of Evernote is, indeed, selling data storage and access. The price tiers are based, in part, on max upload and max amount of notes.
I'm not quite sure what you're saying. Are you agreeing with me, or are you arguing that protecting the legal ownership and rights to data is a primary selling point of the product? I just don't see it.
That's not a rational person, it's a simplifying-until-wrong person.
That person is neglecting the fact that it's not in the business' interest to "acquire all rights". The main reason being that _some_ layer would read it and _everyone_ would read it the next in the New York Times.
A secondary reason is that it'd be illegal and/or unenforceable in many jurisdictions.
