No, at best he will get credit for the hours the server was down.
Seriously Dave, this Hostgator is so unreliable if I were you I would ditch them.
I have dedicated servers rented at another company and other than the rare DDOS on the network every few months (happens everywhere), the servers are rock solid. And that email spam thing i noticed on twitter... not sure what's that about but I never had problems with this company I work with.
They recently added configurations with the latest quad core with hyperthreading from intel, 8GB and more, from about 135$ a month, gigabit ports with 10TB included... the only downside for you is they're self-managed, costs about 80$ extra to manage them for you .. but you have kvm over ip included, and you have people to help you out and configure it.
Check them out if you want :
http://www.swiftway.net/offer/unmanaged-single-processors/