It is their fault, however you are basically a pawn due to the Terms of Service. They aren't liable. Most hosts keep backups but you want to contact them ASAP.
Back up your stuff in the future. Lesson learned the hard way unfortunately
My personal fave backup screwup was when a co i worked for was with a host that guaranteed backups. One of our primary shopping carts dies and after 2 or 3 days of futile effort we asked them to recover the site from backups. We'd lose orders but at least the cart would be back.
The answer? "Backups are overwritten every 24 hours". SO, by the time we decided to recover, the good cart was replaced with the bad.
I asked them on the phone WTF good is a backup that's only good for less than a day?? The tech acted like he didn't understand my reasoning. Needless to say we left the second our shite was moved
This is why I always backup my sites every day using XSitepro. It's only a 4mb hassle I have to deal with every day for 5 minutes so I don't have to experience such events.
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