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Your best bet is if you signed any contracts with your programmer. Get those documents to an attorney and get a "Motion to Retain Interest of Property" from a court (This WILL require a lawyer... and WILL take some time.)
Once the judge agrees you are owner of the material, then your attorney will subpoenae the server company for their records... 99 percent of the time, the server company will just turn over the material at that time.
Once you have the material, send a formal complaint to your programmer with "Intent To Sue" letter.
Again, this will take time and does require a lawyer...
Good luck
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