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We've got another special snowflake here.
They don't have a backup of your data, no amount of beating the dead horse will change that, restore from your own backups, rebuild and move on, your only other option is to lawyer up, spend a fortune and lose that fortune with no positive outcome.
They don't backup customer data, they never suggested they do, they never offered it as part of a service, no one forced you to ignore basic practice and decide not to backup your own data.
It sucks, but its time to suck it up and move on, or you could waste hours here instead, arguing about who is responsible.
What would you do if you got an email saying there had been a fire and your data was lost, or the physical server had failed and all data was lost?
you think the data is important? well back it up
Yes, it is absolutely your responsibility (legally and in real) to keep your own backups. Data can be lost for any reason: node crash, migration, bankrupt, raid fuck up etc. It is clearly written in their TOS that you are responsible to keep your backups.
How much did you pay for this vps? Even if there is a possibility to search for the container to the damaged node (I doubt there is such, they probably changed providers or moved to a newer and better node and the old one is already wiped out) the hustle for the provider is not worth it. Was your data valuable? Then, it is your responsibility to host them to a more reliable (and much more expensive) service and keep multiple tested backups to a different location and off line.
You bought an unmanaged service and this is how it works with the vps business, even with the more expensive providers.
No paying, no vps. It's that simple. Even if you sue them, you will not win in any court because all the providers are not responsible in case of a data loss. And, believe me, you will not earn something bashing and threaten them.
TL'DR it's your fault not having backups. If you still hope that there is a possibility in this situation to get back your data, then... good luck with that. It's just hopeful...
P.S. All of us that are keeping multiple backups in multiple locations, are not idiots and do not have money to spend, but if we want our data to live, it's the only way to do it!
Just to be clear, I think this is a case of, the user is not at fault for the data loss, but he is absolutely at fault for the consequences of that.
Usually the user is not responsible. The provider (or the bad luck) is. But it is the responsibility of the client to manage his service. Unmanaged means maintain the server, secure it, keep backups, check backups regularly if they are valid, know how to deal with DDoS attacks and hacked servers etc.
If a client grabs a dirty cheap unmanaged service just because he thinks it's a piece of cake to save $$$$ but he is incapable to do it, then, he is fully responsible for his data and, at the end, it is his fault when loosing them.
You know I am not a provider nor I will ever be, but it really piss me off when guys like him are coming to public forums for revenge or blackmailing the hoster, when it is clearly their fault in the end (not having done all the necessary steps to run an unmanaged vps according to their needs).
Shit happens to all of us. It is critical to admit our fault and move on instead of playing the tough guy to public forums like this and blame all others (even if they have their share of fault) but not ourselves...
All this happening without a response? Or you are getting some communication from them ?
@Pwner @AnthonySmith @jvandr I appreciate the comments as We can disagree and still be agreeable. Server Migration by NodeServ on June 29 is a prima facie case of negligence. while TOS holds Nodeserv not liable for Acts of god, Acts of others including malicious attacks, fire, arson, vandalism, Nodeserv must exercise care with its OWN ACTS.
@Aidan not sure how to answer you as I am not sure what you mean.
Again it is $100 (1) to obtain a backup of my container preceding NodeServ's action of migrating server and (2) Provide actionable intelligence to Sue owner/s of NodeServ.
@AnthonySmith "lawyer up, spend a fortune and lose that fortune with no positive outcome." Appreciate the warning. A successful suit is one built on the merit of the evidence. hence the call for actionable intelligence.
Acta Non Verba
And an actionable suit needs to be able to prove a material loss, additionally absense of terms of liability does not imply liability.
TOS do not expressly indemnify provider for its own negligent acts.
TOS do not supercede state and federal laws & statutes which do expressly state an expectation of care of provider's own acts and liability for negligence with its own acts.
Container went offline when Noderserv migrated server on its own discretion. This is the material loss establishing prima facie case of Negligence
An expectation of care with a provider's own acts falls under Good Faith in Uniform Commercial Code (UCC). UCC supercedes TOS hence TOS does not provide immunity to provider for its own negligence. TOS does not afford a provider to act recklessly with impunity with its client's container.
If a provider thinks they can run amok with client's containers, think again.
Nodeserv sets an expectation of one hour response time. We all laugh at this false representation. We can claim non-performance for Nodeserv taking days to respond, uptime, speed, etc. But here we have loss of container, much more harmful, much more serious.
Offering $100 (1) to obtain a backup of my container preceding NodeServ's action of migrating server and (2) Provide actionable intelligence to Sue owner/s of NodeServ.
It's an easy argument for the provider to say their negligence is proportional to yours for not having secondary copies of critical data.
It sounds like you have a legal background, maybe you know of a precedent? Otherwise, it seems like unrealistic expecations.
If I had $1 for every arm chair lawyer that has stamped their feet here over the years I would have made way more than any of them did in the court they never went too using the real lawyers they never hired.
I will set myself a reminder to ask you how the case went in 6 months
The bottom line here, they state they are not responsible for any data loss they insist you make your own backups, I don't believe you have any chance of proving material loss on that basis alone.
Your verbiage seems to exceed your legal understanding here.