BEST Network Fair Use Policy

1. BEST Network Fair Use Policy

The BEST (Biomedical Education, Skills and Training) Network is a collaborative project between leading Australian universities and peak industry groups with the aim of combining their biomedical expertise, learning resources, and educational technologies. Your use of the BEST Network Portal and Content is subject to this Fair Use Policy. This Fair Use Policy forms part of the BEST Network Terms governing your, or your institution’s, use of the BEST Network Portal and Content. Capitalised terms used in this Fair Use Policy are defined in section 5 of this document.

1.1 Application of the Fair Use Policy

  1. This Fair Use Policy applies to all Users and Members of the BEST Network.

  2. All Users and Members must comply with (and Members’ must ensure that their Personnel comply) with this Fair Use Policy.

1.2 Purpose of the Fair Use Policy

  1. Under the relevant BEST Network Terms, each Member and User must use the BEST Network Portal in a fair and reasonable manner, considering that the BEST Network Portal and Content are shared resources. The BEST Network recognises and takes seriously its responsibility to take action where the activities of one person detrimentally impacts the reasonable use of the BEST Network and Content by another person.

  2. The purpose of the BEST Network Fair Use Policy is to provide examples and clarification of what is unacceptable use of the BEST Network Portal and Content and support consistent service for users.

  3. The BEST Network expects each User and Member to actively manage appropriate usage by it or its Personnel (as the case may be) to ensure a better experience for everyone.

2 What is not Fair Use

2.1 Unfair use of the BEST Network Portal

  1. Unfair use includes:

    1. use of the BEST Network Portal and Content in a manner that reduces or adversely affects the access or use by other Users or Members;
    2. the sharing of User and Member accounts among multiple individuals to circumvent subscription and/or pricing charges or any other way of circumventing the BEST Network Portal to allow yourself or others to use the resources at a cost lower than that intended by the BEST Network;
    3. using the BEST Network Portal or Content as part of a Massive Open Online Course (MOOC) or similar without establishing a prior contract with the BEST Network;
    4. undertaking (or attempting to undertake) any of the following activities without authorisation:

      1. accessing material or data or logging into a server or account; or
      2. disabling, disrupting or interfering with the regular working of any service or network, including, without limitation, via means of overloading it, denial of service attacks or flooding a network; or
      3. probing, scanning or testing the vulnerability of a system or network; or
      4. breaching the security or authentication measures for a service or network.
    5. using content for the purposes of re-sale, re-supply or commercial exploitation, without obtaining our written consent first (or the written consent of the Copyright Owner of the Content).

3 Termination and Suspension

If the BEST Network considers that Users and/or Members have breached this Fair Use Policy, the BEST Network reserves the right to take any action that may be allowed under the relevant BEST Network Terms.

4 Policy changes

The BEST Network may, at any time and in its sole discretion, vary its definition of Fair Use and this Policy to ensure the best possible experience for all Users and Members.

5 Definitions and interpretations

In this document:

Copyright Owner refers to the individual or institution who is the owner of a file or image;

Content means any images, documents, text, courseware, videos, annotations and other items or content that may be available on the BEST Network Portal, but not the software or other technology forming part of the BEST Network Portal platform;

BEST Network Portal means the online portal accessible at www.best.edu.au providing a BEST Network “Community” where biomedical educators, students and practitioners may interact, share and communicate and display Content, such portal incorporating the Adaptive eLearning Platform and the BEST Network Initial Project IP;

Personnel refers to all people employed by, attending as a student, or engaged in activities with an Member;

User means an individual user of the BEST Network Portal that may be using the portal under the terms of an individual User agreement or as the authorised personnel of a Member;

Member refers to an organisation that has entered into an agreement with the BEST Network for the use of the BEST Network Portal, Content and associated services;

BEST Network Terms means the applicable terms and conditions under which the User or Member (as the case may be) has been allowed to access and use the BEST Network Portal.