[notahacker]

In the case of Heroku, I'd expect them to be able to shut the phishing site down within the 40 minute period Rackspace apparently gave Pandaforms before shutting the whole service down themselves.

I'm sure if Pandaforms had done this (which is difficult when you're a much smaller startup than Heroku) then their server would have been left untouched.

You can argue that Heroku would have most likely got a phone call and that Pandaforms deserve the same treatment, but I don't think that they'd have been allowed to leave phishing sites up for any period of time without their servers being placed in jeopardy either.