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Wow, that sucks. Much sympathy.
As far as the host goes, they are based in Texas which is not exactly a part of the world sympathetic to that sort of thing. You might give the host a deadline (or have your attorney give them a deadline) to have the site down by before you contact the host's local authorities. No host should continue hosting a site that obviously contains malware once they have been made aware of it as, once put on notice, they can be held responsible in a lot of places for abetting its distribution and I'm pretty sure Texas is not a good place to be pulling that sort of thing.
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