I was referring to both, Megaupload and their customers. The customers could have read the ToS that contained no garantees whatsoever that their data would be "

I was referring to both, Megaupload and their customers. The customers could have read the ToS that contained no garantees whatsoever that their data would be "safe" in any wax. And for Megaupload using a 3rd party to provide most of their business, it's the same more or less.