Important Legal Agreements
AviarHost 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 AviarHost are subject to the following terms of service:
You agree to use all AviarHost services and facilities at your own risk. AviarHost specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall AviarHost 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 AviarHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against AviarHost, 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 AviarHost against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with AviarHost's server.
AviarHost 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 AviarHost's server. AviarHost shall be the sole judge of what violates this Policy.
Payments to AviarHost are non-refundable except for the first payment which falls under the thirty (30) day money back guarantee. Only shared, reseller and semi-dedicated and VPS services are eligible for the thirty (30) day money back guarantee. No other services provided by AviarHost are covered by this guarantee. The thirty (30) day money back guarantee is not valid upon any terms of service or acceptable use policy violations. All overcharges or billing disputes must be reported within thirty (30) days of the time the dispute occurred.
We accept Visa, Master Card, American Express, Discover Card, Paypal. For webhosting plans we will setup your account upon verified 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.
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 due invoice, your account will be suspended. If you will not pay for service renew in 30 days after account suspension, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Acceptable Use Policy
All services provided by AviarHost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Croatian 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 AviarHost 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 AviarHost 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.
Limitation of Liability
AviarHost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from AviarHost servers going off-line or being unavailable for any reason whatsoever. Furthermore, AviarHost 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 AviarHost servers. All damages shall be limited to the immediate termination of service.
Dedicated ServersCancellation of Dedicated Servers: Cancellation must come from a previously verifiable account owner. The client agrees to pay for the complete service period they are currently in regardless of when the client requests cancellation. To cancel an account or service, client must notify AviarHost 10 days before next month. If no notification is given account charges will continue to accumulate. Not using an account or service does not cancel it or stop fees from accumulating
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by AviarHost nothwithstanding any agreement by AviarHost to provide back up services. AviarHost will make a good faith effort to keep seven (7) days worth of backups. However, AviarHost makes no absolute guarantee that a backup can be provided. The customer is ultimately responsible for maintaining and storing their own backups.
Content prohibitet to host at our network
- Spamming (including search engine spam, doorways, form spamming, etc.) - Mass mailing of any type (including double opt-in) - DoS/DDoS or other attacks (either outgoing or incoming) - Hacking (including situations when your VPS was hacked) - Distribution of malware/viruses – with or without knowledge - Port scanning - Copyrighted content/mp3/movies/cracked software or links to such content - Open proxies, TOR relays (due to abuse committed through open proxies) - Data mining (due to heavy resource usage) - Any type of script that automates actions on websites such as Facebook, Twitter, or 3rd party games. - Bots, content scrapers, or any other script that runs continuously on your account. Any scripts that are executed via cron or    manually must be directly related to your website.
AviarHost 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 AviarHost are resold. Thus, certain equipment, routing, software, and programming used by AviarHost are not directly owned or written by AviarHost. Moreover, AviarHost 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 AviarHost sees fit. FURTHERMORE, AviarHost retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.