As I said, if his lawyer suggested Force Majeure, he must be drunk.
I really hope to see Mark in court, and don't forget to bring your real life version of Lionel Hutz.
Our ToS writes hacking as included in Force Majeure. If you didn't read it that's your own problem.
Until you prove that the result happened because of a hacker, you can't stand behind your Force Majeure clause. You can easily provide a scanned copy of the police report, since you have publicly said that you have initiated criminal proceedings.
The fact that you could ease people's concerns, and the fact that you haven't done so, is, to say the least, shady/suspicious.
Those of us who WANT to trust you are being given very little to work with from you. Show us some proof that you have initiated the criminal proceedings you claim.