Terms of Service


Please read the terms of service(s) carefully and in its full entirety. By using the services provided by this website you agree to be bound to all of the terms of service. If you do not agree with these terms, please leave this website and do not access any features or services of this website.
Overview
TrainMon5 is a free service that enables its users to monitor rail traffic via the web for a wide range of areas across the North American continent for personal use only.
Personal Use
You may only use the services of TrainMon5 if you have an authorized account that has been specifically assigned to you. You are prohibited from making your account or any TrainMon5 features accessible by any means to other person(s) who have not been granted access to these website features with the exception of legal gaurdians registering on behalf of person(s) under 13 years of age. Do not attempt to use these services for fraudulent or malicious purposes.

You may only use the services of TrainMon5 for hobby purposes. TrainMon5 shall not be used in any safety-critical or safety-sensitive manner, including but not limited to uses in:
  • Emergency services such as Policing, Fire, EMS, etc...
  • Railroading operations that involve direct use of the program while working in a safety-sensitive environments
  • Or any other use where the potential exist to put in jeopardy the safety of life or property due to the misinterpretation, unavailability or inaccuracies of the data that TrainMon5 provides.
Any person found to be in violation of this clause with have their TrainMon5 account terminated and will be banned from the TrainMon5 Groups.io community.
Instructional / Educational Use
TrainMon5 may be used by any member or organizational setup by a member where its use would be appropriately defined as educational. Examples of educational use include but may not be solely limited to:
  • Museum Displays
  • Tutorial Videos
  • Educational Institutions
Commercial Use
All commercial uses of TrainMon5 services/applications are prohibited without prior established consent. Please contact support for more information.
Intellectual Property
Simply put the name "TrainMon5" is copyrighted. You may not use its name for any commercially related transactions, slanderous or defamatory reasons. You may use the name for other personal purposes as long as such purposes do not violate the aforementioned restraints. Constructive criticism is still permissible under these terms.

Layouts that you create either from scratch or edited from an existing layout provided by another member of this service (also known as derivative works) are considered your own personal works but these works may not be copyrighted as the components that make these layouts are considered too basic for copyright law to be enforced upon.

As TrainMon5 is considered a community effort containing designers and enthusiasts all works created on this site that are saved to the TrainMon5 database and shared are considered freely accessible to any registered member of TrainMon5. Layouts edited by you and saved to your local machine(s) are not included as part of this restriction.
Planned / Unplanned Service Outages
TrainMon5 will do its best to provide advanced notice for scheduled outages due to network or software maintenance. However TrainMon5 cannot guarantee access during the times when maintenance is not scheduled if unplanned outages should arise. Situations that may cause unplanned outages are but are not limited to the following:
  • Power Outages
  • Network Interruptions
  • Hardware Failures
  • Software Failures
In the event that an unplanned outage occurs, TrainMon5 will attempt to provide the best possible notice when service is expected to be restored.
Security
TrainMon5 implements necessary security measures and checks to ensure that the data and services provided are protected from unauthorized access and to ensure its members are protected as well. Such actions that are considered forbidden by TrainMon5 while using its services are but are not limited to the following:
  • Falsifying your registration information.
  • Attempting to circumvent any security measures used to restrict access.
  • Reverse engineering services in an attempt to bypass security measures.
  • Unsolicited / Unauthorized penetration testing.
  • Engaging in DoS or DDoS attacks against TrainMon5 and its services.
  • Using your account in any manner that puts TrainMon5's services in jeopardy.
  • Using the TrainMon5 services in any manner that is not authorized or intended that would put TrainMon5 at risk.
  • Harassment of other TrainMon5 members on any basis and/or claiming to be someone or something you are not.
  • Developing insulting or offensive layouts through the use of the development tools (images and audio "if applicable" are included in this restriction).
  • Using illegal/unauthorized content in your layouts (images and audio "if applicable" are included in this restriction).
TrainMon5 will never ask you for your username or password, financial or any other personally identifiable information such as social security numbers or telephone numbers. If you ever receive such an email requesting these types of information, please delete them immediately as these are scam/phishing attempts to steal your information.
Liability
As requirement to obtain access to the services provided by TrainMon5, you agree that TrainMon5 is not liable, financially or otherwise, for any reason including but not limited to the following:
  • Security breach of your user account
  • Data loss due to hardware malfunction or an interruption of service whether that interruption is caused by you or by TrainMon5
  • Suspension or termination of your account either do to willful or involuntary reasons including but not limited to extended inactivity (usually 1 year), fraudulent access or misuse of TrainMon5 services.
Terms of Service(s) Updates
TrainMon5 reserves the right to modify the Terms of Service with or without prior notice to you. By agreeing to becoming a member of TrainMon5 during registration and being granted access thereafter, you agree to be bound by these Terms of Service(s) if and when they change should you continue to use the services provided by TrainMon5 after a Terms of Service(s) change has occured.
Terms of Service(s) Violations
Any user who is found to be in violation of the Terms of Service(s) described herein will have their account terminated immediately and will be banned from the TrainMon5 Groups.io community without prior notice. Additionally any user who is found to have used the services provided by TrainMon5 for any unlawful reasons will be referred to local law enforcement for investigation and may be subject to legal action as a result.
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