My great "deal" I got with HostNine

I purchased a server with HostNine on cyber Monday and paid for a year upfront. They STILL have not provisioned it and have basically told me tough shit it will be ready when we get around to it. Obviously I am pissed off and would discourage anyone from every doing business with this company.

Here is my dilemma. I did a lot of research before I purchased my server because of the yearly discounts but the deeper I dig the less credible this company is. Do they have any liability in not delivering after I have purchased and have now lost my discount opportunities with these other providers? I think the are US based and I may pursue legal options. Does anyone else think weeks is crazy for provisioning a server? I have read a lot of companies can get there servers out in 2-3 hours. I certainly understand it taking a day or two but these guys are offering me zero solution other than hurry up and wait.

Are we talking block level clustered setup or a little vps here?

Sometimes small hosts need to provision parts and build the servers themselves based on demand.

If went for the same level of service at OVH or Rackspace you'd be paying $300 or more a month.

It's a dedicated server. They only have 3 options on there packages so I figured with a maximum of 6 possible combinations they should be able to get these up pretty quickly. I understand it was cheaper and that was why I went with them. However there were plenty of people with comparable Cyber Monday deals. I am partly asking the question here if this is normal or acceptable. It seems that 2 weeks is a crazy long time for this to not be done still.