Most shared host AV programs only run against email. Don't know of anyone who automatically checks uploads - be long and slow to load a site that way.
The disclaimer only works if you have taken reasonable measures to ensure that no virus is being spread - e.g. If some one emails you/posts in your forum that a particular file has a virus and you do not remove it immediately or sooner, you could be found liable.
Moral of the story, is to turn off uploads when you go on vacation
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Friend of mine works for a large shareware disribution site. They indicate on their doenload pages which files have been virus scanned by them and which haven't.