Abuse, DMCA and legal process
Before you read any further
This is a pre-launch interest register. Nothing here is a quote, no capacity is reserved, and no service is being sold today.
What we currently host, which is nothing
Read this first, because it changes what most reports to this page should say. Andrii Co., a Washington for-profit corporation (UBI 604505773), doing business as Andrii Cloud operates no colocation service today. We host no customer equipment, we carry no customer traffic, and we announce no customer address space. If you have traced abusive traffic to an address and arrived here, the address is either ours and used by our own infrastructure, or the trace is wrong.
This page is published now, before there is anything to report, because an abuse process that appears at the same time as the first customer is an abuse process nobody tested. The addresses, the elements and the procedures below are in force; the caseload is not yet.
Reporting abuse
Send abuse reports to abuse@andrii.cloud. That is the address published in the ARIN Whois record and the PeeringDB entry for AS402801, and it is the right address for anything operational: an attack in progress, a scan, spam, a compromised machine, an open resolver, a hijacked announcement.
A report we can act on contains:
- the source and destination addresses, in full;
- timestamps with an explicit time zone — "14:02" without one costs an hour of guessing, and a UTC offset costs you nothing;
- the protocol and ports;
- a few lines of raw evidence — log entries, mail headers with the full received lines, or an excerpt of a packet capture; and
- how you would like to be contacted, and whether we may forward your report with your address in it.
Please send text rather than screenshots, and please do not attach live malware. We aim to acknowledge a report within one business day, and faster for an attack in progress. We will tell you that we received it and that we acted on it; we will not tell you who the customer is.
What happens next — the deadlines we give a customer, and how far we escalate — is the enforcement ladder in the acceptable use policy.
This mailbox is operational, and it is not an address for service of process. Copyright notices, counter-notifications, subpoenas, court orders, preservation requests and other legal process go to the addresses below.
Copyright: what a notice must contain
We respond to notices of claimed infringement that comply with the Digital Millennium Copyright Act. Under 17 U.S.C. § 512(c)(3)(A), a notification must be a written communication to our designated agent that includes all six of the following:
- a physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or a representative list where several works at one site are covered by a single notification;
- identification of the material claimed to be infringing and to be removed or disabled, with information reasonably sufficient to let us locate it — for material on colocated equipment, that means a URL or an address and enough detail to identify the specific content;
- information reasonably sufficient to let us contact you — address, telephone number and, if available, email;
- a statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the owner.
A notice that is missing an element is not effective, and we will say which element is missing rather than guess at your intent.
⚠ Section 512(f) has teeth. Anyone who knowingly materially misrepresents that material is infringing — or that it was removed by mistake — is liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or licensee, and by the service provider. Before you send a notice about material you do not own, or about a use that is plainly fair, consider that sentence.
What we can actually do. We do not host content: we would provide space, power and a network port to equipment somebody else owns and administers. We have no ability to remove one file from a customer's server, and we will not take a whole machine off the network over a single claim unless the circumstances are extreme. In practice we forward a complete notice to the customer responsible, with a deadline, and act under the AUP's ladder if it is ignored.
Designated agent under 17 U.S.C. § 512(c)(2)
Notices of claimed infringement must be sent to our designated agent:
- Agent: Andrii Tereshchenko, Andrii Co.
- Address: Andrii Co., doing business as Andrii Cloud, 11826 NE 167th St, Bothell WA 98011-5456, United States
- Email: legal@andrii.cloud
- Telephone: +1 877 987 7987 (voice; this line does not accept SMS)
⚠ Registration pending — filed with the U.S. Copyright Office under 37 C.F.R. § 201.38 on [date]. Until that filing is made and this line carries its date, this block is our published designation and our contact details, and it is not yet a registration in the Office's directory. We would rather say so than let a page imply a filing that has not happened. The designation must be renewed every three years to stay current, and the Office's own fee schedule — not a figure repeated from anywhere else — governs what it costs.
The agent details published in the Copyright Office's directory, once the filing is made, are authoritative if they ever differ from this page.
Counter-notification
If material of yours was removed or disabled because of a notice, and you believe it was removed by mistake or as a result of misidentification, you may send a counter-notification. Under 17 U.S.C. § 512(g)(3) it must include:
- your physical or electronic signature;
- identification of the material removed or disabled, and the location at which it appeared before removal;
- a statement under penalty of perjury that you have a good faith belief that it was removed or disabled as a result of mistake or misidentification; and
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located — or, if your address is outside the United States, of any judicial district in which we may be found — and that you will accept service of process from the person who sent the notice or from that person's agent.
We would forward a valid counter-notification to the complaining party and tell them that we will restore the material in 10 to 14 business days unless they notify us that they have filed an action seeking a court order to restrain the activity. That window is the statute's, not ours.
Counter-notifications go to legal@andrii.cloud and to the designated agent's address above.
Repeat infringers
We have adopted, and we reasonably implement, a policy providing for the termination in appropriate circumstances of the service of subscribers who are repeat infringers, as 17 U.S.C. § 512(i) requires of a service provider relying on the safe harbours. It applies to a customer's own users through the flow-down in the AUP.
We count complete notices that we have acted on. We do not count a notice that was defective, one that was withdrawn, or one answered by a counter-notification that the complaining party did not pursue. What counts as "repeat" and what counts as "appropriate" are judgements on the facts, and we keep the records that let us make them consistently.
Law enforcement and legal process
What we hold. For a customer, we would hold: subscriber and billing records; the addresses and address ranges assigned to them, and the periods of assignment; service orders and correspondence; and the access records for visits to the facility. For a visitor to this website, we hold what the privacy notice describes — the door's logs, which record no headers and no query strings and are retained for 14 days, and any enquiry submitted through the form.
What we generally do not hold. The content of a colocated customer's systems. We do not log in to customer equipment, we take no backups of it, and we run no deep packet inspection on customer traffic as a matter of course. A request for the contents of a machine in our rack is, in almost every case, a request directed at the wrong party — the customer is the one who holds it.
What process is required. We disclose customer records only where the law requires or permits it. As a general matter we require:
- a subpoena, valid and properly served, for basic subscriber information — name, address, contact details, period of service, and the addresses assigned;
- a court order for transactional and non-content records beyond that; and
- a warrant, issued on probable cause, for the contents of a communication.
We will not accept legal process by telephone, and we will not treat an email from an official address as process. We review every request, we decline or narrow one that is overbroad, facially invalid, or issued by a body without jurisdiction over us, and we do not volunteer records we were not asked for.
Where to serve. Legal process is served on Andrii Co., doing business as Andrii Cloud, at 11826 NE 167th St, Bothell WA 98011-5456, United States, with a copy to legal@andrii.cloud. abuse@andrii.cloud is not an address for service of process. Our registered agent's address on file with the Washington Secretary of State may also be used. If a public registry — a routing registry, a peering database, a domain record — shows a different address for us, the address in this paragraph is the one to use, and a mismatch in a registry is our record-keeping problem rather than a second valid destination.
Preservation. A request under 18 U.S.C. § 2703(f) to preserve records pending legal process should go to legal@andrii.cloud, identify the account or address precisely, and state the period. We take a preservation request seriously and act on it quickly; a preservation request is not a disclosure request and produces no records.
Emergencies. Where a request involves an immediate danger of death or serious physical injury, call +1 877 987 7987 — a voice line that does not accept SMS — and send the written request to legal@andrii.cloud at the same time. Voluntary emergency disclosure is permitted, not required, and we make the judgement ourselves in good faith on what we are told.
We tell the customer, by default. Our default is to notify the affected customer of legal process seeking their records, with enough time to object, unless we are legally prohibited from doing so — by a non-disclosure order, a sealing order or a statute — or unless notice would create a risk of physical harm or of destruction of evidence. A request accompanied by a mere request not to notify is not a prohibition, and we will say so.
Requests from outside the United States. We are a Washington corporation and we respond to United States legal process. A foreign authority should proceed through a mutual legal assistance treaty, letters rogatory, or another recognised channel; a foreign order served directly on us is not something we can act on, however legitimate it is at home.
Costs. Where the law allows reimbursement for the cost of responding, we may seek it.
No transparency report is promised. We have received no legal process of any kind. We are not committing to publish statistics, because a commitment of that sort is a commitment to keep publishing them at a cadence, and we would rather promise nothing here than publish a report once and let it go stale.
Security reports
If you have found a vulnerability in this website or in the API it submits to, our disclosure policy and contact are at /.well-known/security.txt. We welcome those reports, and we do not pursue anyone who reports in good faith and does not exfiltrate data or degrade service.
Questions about this page: legal@andrii.cloud. Privacy: privacy@andrii.cloud. Everything else: hello@andrii.cloud.
Andrii Co., a Washington for-profit corporation (UBI 604505773), doing business as Andrii Cloud
11826 NE 167th St, Bothell WA 98011-5456
United States