I have recently been in development of an application that will allow users to automate certain tasks on a social networking site. It will allow users to send pre-drafted messages to members they target via the website's search function.
The application is not designed to submit spam, the messages are for networking purposes only, networking is the purpose of the site in general. Everything the application will allow a user to do is the same thing you can do on the website, however the app will allow the user to save time by automating these tasks.
The website does state in their terms of service that applications such as this should not be used and doing so violates their TOS. To me this is absurd since the application will allow the user to save an abundance of time, and in my opinion will make his experience using the sight more enjoyable.
After doing some research I've found articles about myspace, facebook, and twitter sending cease and desist letters to companies who sold automated applications that worked on those sites. I haven't found any information about any of the companies that got a C&D ignoring it and continuing selling the software, I read that most companies that got the letter willingly shut down.
However, from doing google searches, there are still tons of applications selling such software, some that even infringe upon trademarks in their domain.
My main question is, can I sell software like this, being located in the US, to other users. By selling the software I am not violating the TOS of this website, the users of the software would be. I would also state that I am not affiliated with the website, and that users agreeing to buy and use the software do so at their own risk, and that I can not be held liable for consequences.
Would this be enough to cover me, or could the website still sue me on any grounds?
Anyone who has any insight on this would be greatly appreciated.