Do you PokéVision guys even know what you’re doing? Any developer worth their salt could see that the tracker wasn’t broken, but disabled. Like the capture maps which used to appear in the Pokemon’s info, the nearby tool was too computationally intensive for the number of users they were serving.
I’m sure most people who regularly used your map also noticed how frequently it went offline, often because the PTC servers were down. Are you going to tell us that your map, serving millions of users at a time, and others like it had nothing to do with that? The servers were fine-tuned to handle an already overwhelming number of users, and PokéVision taxed the hell out of them.
Besides, what kind of precedent would Niantic be setting if they allowed your app to flagrantly violate their terms of service?