If you pay someone full price to do a job, they know they can't fulfil the terms up front, accept the work, deliver less than the agreed upon terms and still charge you full price, you'd probably call that transaction fraudulent.

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.