Fraud is a serious civil and criminal accusation that’s not to be taken or given lightly. Can you detail the fraud that’s being committed? What is the specific promise they made that you’re being deprived of? Remember, the four corners of your agreement with them are controlling.
GitHub is promising service they know they cannot meet, not telling you that, and still charging you full price. What's more, one can argue quite convincingly that they're lying about their level of delivered service by not reflecting the actual level of uptime on their status page.
To give benefit of the doubt requires that the other party is not blatantly and overtly acting in bad faith. When they are, you're just apologizing for fraudulent behavior.