http://www.jkontherun.com/2008/04/cl....html#comments
"Comments
On a brief glance, it appears that EverNote's Terms of Service give them the right to use your content for whatever they want in connection with the service.
This effectively means that if you, for example, post content to your account which is covered by an NDA (e.g., take notes on something which is governed by the terms of an NDA with a third party), you may be breaching that NDA. It also means that if you take notes on something which is owned by your employer, you may be breaching your agreement with your employer by giving EverNote rights to that material. Likewise, if it's your own business, you are giving up some of your proprietary rights by posting your info here.
In case you are interested in the details, or doubt what I am suggesting, they go out of their way in the terms of service to say that you retain the copyrights to what you post, but also say in Section 5 that "You agree that Evernote has the rights (i) to aggregate and syndicate Content submitted, posted or displayed by you on or through Services through Evernote public notebooks and use that Content in connection with any of the Services"
Perhaps I am too quick to judge or have not thought this through fully (I may need more coffee), but I strongly suggest that you think very carefully before posting anything related to your employer or business or anyone else's IP to a service like this.
Posted by: JimAtLaw | April 24, 2008 at 12:26 PM"