Important Legal Agreements
AviraHost provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of AviraHost are subject to the following terms of service:
Indemnification Policy
You agree to use all AviraHost services and facilities at your own risk. AviraHost specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall AviraHost be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold AviraHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against AviraHost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless AviraHost against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with AviraHost's server.
AviraHost reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from AviraHost's server. AviraHost shall be the sole judge of what violates this Policy.
Our Products and Services
We are hosting provider we sell hosting and service . We do not sell physical product
Refunds
All services rendered by AviraHost Ltd are eligible for a limited refund. Refund covers the Hosting service plan itself, and does not include any other services such as ssl certificate, domain registration etc. Refunds are only offered within 7-days of account registration and only apply to the first service of a new client. Additional orders are not eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy. Services that are suspended or terminated due to non-compliance of the AUP and TOS are not eligible for refunds. Refunds will be applicable for valid reasons only which can't be solved by us. If you do misbehave with the Support Team (over Chat/Ticket/Phone/Email) that will also waive the refund policy.
Billing
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).
We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
Late Payments
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Cancelation of Services
Breaking of any legal rules, AviraHost Ltd have right to cancel any contracts made with you at any time.
Acceptable Use Policy
All services provided by AviraHost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless AviraHost and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all AviraHost servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Suspension
If any violation of these rules will occur AviraHost reserves a right to suspend a violating account. You, as an administrator, will have a permission to reactivate your client account. After the account will be reactivated, you or your client will have 12 hours to resolve the incident. If incident will not be resolved in 12 hours after you will reactivate account or any violation will occur in future by the same account, AviraHost reserves a right to terminate violating account and disable client profile (we will not disable your administrator profile, only your end client profile). Root user will always safe from any violated action caused by their end user.
Transfer / Migration
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. Free transfer facilities are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote. AviraHost reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
DMCA Complaints
AviraHost Networks handles any and all DMCA complaints very seriously, and will investigate them. AviraHost Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email at [email protected] with brief information. If the request is of a licensing issue, we may require further documentation. We take DMCA Complaints extremely seriously, save yourself and us the trouble.
Limitation of Liability
AviraHost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from AviraHost servers going off-line or being unavailable for any reason whatsoever. Furthermore, AviraHost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of AviraHost servers. All damages shall be limited to the immediate termination of service.
Disclaimer
AviraHost cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by AviraHost are resold. Thus, certain equipment, routing, software, and programming used by AviraHost are not directly owned or written by AviraHost. Moreover, AviraHost holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as AviraHost sees fit. FURTHERMORE, AviraHost retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
