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Service Availability Commitment

Service Availability Commitment Scope: 
ILGM's Service Availability Commitment is to limit Customer's Application unavailability to less than one consecutive hour in any calendar month.

Scheduled Maintenance Scope:
Scheduled Maintenance shall mean any maintenance in the ILGM data center at which Customer's website is located that is performed during a standard maintenance window from 10 PM to 6 AM Mountain time.

Service Availability Commitment Process:
If Customer opens a trouble ticket with ILGM Customer Support within 3 days of Customer's failure to access Customer's website and ILGM determines in its reasonable commercial judgment that the website is unavailable due to a Server outage caused solely by the items of the service managed exclusively by ILGM that outage will be used to calculate Server unavailability for the remedies provided below. A Server shall be deemed to be unavailable if the server is not responding to ping requests issued by ILGM's monitoring software. ILGM's records and data shall be the basis for all service availability calculations and determinations. Scheduled maintenance shall not be deemed to be Server unavailability. Unavailability of Customer's website due to Customer's web content, third-party tools or external programming, acts of Customer or its agents, network unavailability outside of the ILGM Network or events of force majeure shall not be deemed Server unavailability for the purpose of this Commitment.

Service Availability Commitment Remedy:
If ILGM determines in its reasonable commercial judgment that Customer's website was unavailable for one or more (but fewer than four) consecutive hours during a calendar month, ILGM, upon Customer's request, will credit Customer's account for such month the pro-rated charges for one day's service for Customer's tiered-service agreement. Or if ILGM so determines that the website was unavailable for four (4) or more consecutive hours during any calendar month, ILGM, upon Customer's request, will credit Customer's account for such month for the pro-rated charges for one week's service for that server. Credits will not apply to data transfer charges or to charges for services other than the Monthly Fee for the service for which this Commitment was not met. Customers with multiple accounts will not receive credits for unaffected websites. Customer's account shall not be credited more than once per month under this Service Availability Commitment. 

Network Latency Commitment 

Network Latency Guarantee Scope:
ILGM's Network Latency Guarantee is average round-trip transmissions of 40 milliseconds or less between ILGM border router(s) and the closest hop router(s) of ILGM's uplink providers.

Network Latency Guarantee Process:
Latency shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. No credits will be made if failure to meet a Network Latency Guarantee is attributable to reasons of Force Majeure.

Network Latency Guarantee Remedy:
If ILGM fails to meet any Network Latency Guarantee in any calendar month, Customer may request that account be credited for that month for the pro-rated charges for one day of the ILGM Monthly Fee for the service with respect to which a Network Latency Guarantee has not been met.
 

Network Packet Delivery Guarantee 

Network Packet Delivery Scope:
ILGM's Network Packet Delivery Guarantee is packet delivery of 98% or greater between the ILGM network and the closest hop router(s) of ILGM's uplink providers.

Packet Delivery Guarantee Process:
Packet Delivery shall be measured by averaging sample measurements taken during a calendar month between ILGM's border routers and the closest hop router(s) of ILGM's uplink providers. No credits will be made if failure to meet a Network Packet Delivery Guarantee is attributable to reasons of Force Majeure.

Network Packet Delivery Guarantee Remedy:
If ILGM fails to meet any Network Packet Delivery Guarantee in a calendar month, Customer may request that account be credited for that month for the pro-rated charges for one day of the ILGM Monthly Fee for the service with respect to which a Network Packet Delivery Guarantee has not been met.

ILGM's Service Availability Commitment is to limit Customer's Application unavailability to less than one consecutive hour in any calendar month.