True enough. Technically you're right. I have no legal recourse (nor would I want it for so trivial a matter) as this sort of thing is standard boilerplate stuff for hosting TOS.
However, it still troubles me that there was no backup available. Sure, they don't have to provide good backups, but it sure goes a long way in a situation like this to keep my business long term. It's a distinguishing characteristic that was, unfortunately, not displayed today.