You might be right, and if you open an abuse Report on the repository linked in this post (it’s in the hamburger menu on iOS, dunno about web), you could simply paste your comment into the text area and be done.
The repository itself doesn't violate the TOS. Just their stated intent does.
That’s certainly a possibility for GitHub to consider in response to my complaint, but only GitHub is qualified to evaluate the accuracy of that statement, and they’ll only do so if someone reports it. (They can also update the terms of service, if they deem something to be unacceptable but not yet prohibited.)