WEB SITE TERMS OF USE

            These "Terms of Use" set forth the terms and conditions that apply to your use of www.TweetSpray.com (the "Web Site"). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site is personal to you and is not transferable to any other person or entity.

Copyrights and Trademarks
            A.         All materials contained on the Web Site are Copyright September 13, 2009, OnWire, Inc.. All rights reserved.
            B.         No person is authorized to use, copy or distribute any portion the Web Site including related graphics.
            C.         OnWire, Inc. and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify OnWire, Inc. and the goods and/or services provided by OnWire, Inc.. Such marks may not be used under any circumstances without the prior written authorization of OnWire, Inc...
Links to Third-Party Web Site
            OnWire, Inc. may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. OnWire, Inc. does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. OnWire, Inc. does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. OnWire, Inc. will have no liability to any entity for the content or use of the content available through such hyperlink.
No Representations or Warranties; Limitations on Liability
            The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. OnWire, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNERS OR PUBLISHER OR INVESTORS OR THEIR STATES AND ASSETS BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.

For the purposes of this “Terms of use” a Tweet is defined as a user generated short message or micro blog or text or comment as commonly referred to and used by the site www.Twitter.com and its user community.
All rules, restrictions, policies, terms and conditions set forth by www.Twitter.com are here referred to as “ www.Twitter.com Rules”, some of which are also linked here:

http://blog.twitter.com
http://www.twitter.com/tos
http://twitter.zendesk.com/forums/26257/entries/18311


You warrant and represent and attests that you have all the required rights to publish the content using this Web Site, that the published content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
By submitting your article, content or Tweets to this Web site you grant its owner a full royalty free, world wide, irrevocable, indefinite, ever lasting, enduring, and non-exclusive license to publish and use your content in any form and shape the owner of this Web site views as necessary.
This Web site utilizes publicly available features and data provided by Twitter Inc. ( www.Twitter.com ) to provide a productive conduit for users of this Web Site to post Tweets to www.Twitter.com and retrieve the data made public by www.Twitter.com.

All user Tweets and postings on this Web Site are forwarded to www.Twitter.com using their services , therefore user agrees to also fully comply and apply all guidelines stated on www.Twitter.com web site and www.Twitter.com Rules. By agreeing to terms and conditions stated here, you hereby declare that you have read and agree to www.Twitter.com Rules.

This Web Site relies on www.Twitter.com provided services and does not guarantee delivery of user Tweets to www.Twitter.com. It is well known that www.Tiwtter.com site and its facilities have frequent interruptions therefore user messages and Tweets posted on this Web Site may not be delivered to www.Twitter.com site and be lost forever. This site does not guarantee delivery of user Tweets to www.Twitter.com and does not accept any responsibility for any failed transmissions.

User hereby gives consent to transmission of Tweets over the internet by this Web Site and unequivocally release this Web Site from any and all liabilities associated with this submission.

This Web Site relies on programming languages, computer and other technical services to accept, process and transmit user Tweets. Although extreme care has been applied to develop and maintain these services, however this Web Site hereby declares that it is extremely probable that user Tweets and data may be damaged, lost or fail to arrive at its intended destination. User takes full responsibility for any and all consequences due to any technical failure, errors and omissions by this Web Site.

Furthermore you agree in full that you will apply all www.Twitter.com Rules to your activities on this Web Site and your Tweets posted through this Web Site.

By agreeing to these terms and conditions you also agree to comply with following guidelines extracted directly from www.Twitter.com when you post messages and Tweets using our Web Site.
EXTRACTIONS FROM www.Twitter.com START:
Content Boundaries and Use of Twitter
In order to provide the Twitter service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with Twitter. These limitations comply with legal requirements and make Twitter a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.
*Impersonation: You may not impersonate others through the Twitter service in a manner that does or is intended to mislead, confuse, or deceive others
* Trademark: We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.
*Privacy: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
*Violence and Threats: You may not publish or post direct, specific threats of violence against others.
*Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.
*Unlawful Use: You may not use our service for any unlawful purposes or for promotion of illegal activities.  International users agree to comply with all local laws regarding online conduct and acceptable content.
*Verified accounts: You may not use the Verified Account badge unless it is provided by Twitter. Accounts using the badge as part of profile pictures, background images, or in any way implying false verification will be permanently suspended.
 
Spam and Abuse
Twitter strives to protect its users from spam and abuse.  Technical abuse and user abuse is not tolerated on Twitter.com, and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.
* Serial Accounts: You may not create serial accounts for disruptive or abusive purposes.  Mass account creation will result in suspension of all accounts.
* Name Squatting: You may not engage in name squatting. Accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be name squatting are:
* the number of accounts created
* creating accounts for the purpose of preventing others from using those account names
* creating accounts for the purpose of selling those accounts
* using feeds of third-party content to update and maintain accounts under the names of those third parties
*Invitation spam: You may not use Twitter.com's address book contact import to send repeat, mass invitations
*Selling user names: Unless you have been specifically permitted to do so in a separate agreement with Twitter, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

Where "Services" is defined as follows: Your use of Twitter’s products, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Twitter under a separate written agreement) is subject to the terms of a legal agreement between you and Twitter.
*Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
*Spam: You may not use the Twitter service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
* If you have followed a large amount of users in a short amount of time;
* If you have followed and unfollowed people in a short time period, particularly by automated means (aggressive follower churn);
* If you repeatedly follow and unfollow people, whether to build followers or to garner more attention for your profile;
* If you have a small number of followers compared to the amount of people you are following;
* If your updates consist mainly of links, and not personal updates;
* If a large number of people are blocking you;
* The number of spam complaints that have been filed against you;
* If you post duplicate content over multiple accounts or multiple duplicate updates on one account
* If you post multiple unrelated updates to a topic using #
* If you post multiple unrelated updates to a trending or popular topic
* If you send large numbers of duplicate @replies
* If you send large numbers of unsolicited @replies in an attempt to spam a service or link
* If you repost other user’s content without attribution.
* If you have attempted to "sell" followers, particularly through tactics considered aggressive following or follower churn.
Your account may be suspended for Terms of Service violations if any of the above is true; accounts created to replace suspended accounts will be permanently suspended.
 *Pornography: You may not use obscene or pornographic images in either your profile picture or user background.
 
Accounts engaging in any of these behaviors may be investigated for abuse.  Accounts under investigation may be removed from Search for quality.  Twitter reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.
EXTRACTIONS FROM www.Twitter.com END:

Subscription, Fees and Payments:
The services of this Web Site are dependant on availability of third party services including www.Twitter.com site over which we have no control and we accept no responsibility. This Web Site will not issue any credit for any interruption, reduction or unavailability of third party services.
By selecting a service on this Web Site, you agree to pay us the periodical charges indicated for that service. Payments will be charged on the day you signup for the service and will cover charges for stated duration of that service. Web Site reserves the right to disable, cancel or deny service to any account or user if it violates our terms of use or those of our service providers or other external resources including and specially www.Twitter.com
When user registration is successfully completed a personal user-id and password is assigned to user. User is then fully responsible for confidentiality, safe keeping and any and all activities done with the assigned user-id and password on this Web Site.

Other Terms and Conditions:
User hereby agrees to indemnify and hold harmless this Web Site, its owners, employees, officers, agents, directors, contractors and its other resources from and against any and all claims and expenses, including attorneys’ fees arising out of your use of this Web Site, including but not limited to your violations of this agreement.
User must not use this Web Site for spam or mass notifications.
User must not use this Web Site for any purpose that may cause damage or harm to this Web Site and its owner.
User must not use this Web Site for any activity that is in any way fraudulent, harmful, illegal and unlawful .
User must not use this Web Site to infringe on intellectual property rights of any person or entity.
User must not use this Web Site to copy, publish, send any indecent, discriminatory, illegal, inflammatory, hateful, indecent, pornographic, misleading, deceptive, sexually explicit, abusive, harassing or menacing material to any person or entity.
All trademarks displayed on this site are the property of their respective businesses and owners.
You declare and certify that you hold Owner harmless against any claims of violation of rights caused by any action of yours. You are fully and entirely responsible and liable for the content of and harm resulting from your actions by using this Web site
This terms of use is governed by and in accordance of Laws of State of California and any dispute related to this notice will be handled exclusively by courts of State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes arising out of or relating to this terms of use.
You agree to keep up-to-date with any changes or modifications to terms of use of this Web Site and its references.
Please report any violations of this terms of use to our customer support group at Support@TweetSpray.com
Changes to These Terms of Use
            OnWire, Inc. reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send e-mail to OnWire, Inc. with any questions relating to these Terms of Use at Support@TweetSpray.com. We reserve the right to alter or cancel user access to some or part of this Web Site due to any violation of this terms of use agreement or for any reason we believe is appropriate with no further obligation to user.