[jacquesm]

That's a good point.

What I'm really wondering about is if there is no proof that the notes ever existed and amazon has no record of their being backed up how will he be able to claim damage ?

You would at a minimum have to have some proof the notes existed in the first place.

When I sign up with a hosting company there is a very explicit provision that they are not liable for information loss, and rightly so. After all they can't possibly figure out the value I assign to my data. It may be random garbage or very important stuff, it's up to me to assign priorities and to back up the stuff that I think is important to me.

I assume the same applies to the cloud, hosting your data in the cloud is not a backup strategy.