Sure, if you were well-informed, it was fair.
I just highly doubt that much of their customer base outside of Bitcointalk knew what was happening though. All the people/casual bitcoiners that mixed through darknet markets etc probably didn't even notice it was shutting down until it was too late.
Except that would be nobodys fault but theres for not keeping on track of things. Its not the owners fault that they cant read emails and such. Though the owner should obviously take the time to tell everyone that left coins that they should withdraw before the site truly closes especially for things like this. As it stands, its damn generous, which is nice for the customers.