Earlier quoted context omitted.
You agree to Microsoft's ToS before you can put any code on Github, regardless of the license. You can't opt-out of those terms, regardless of your license, just as you can't opt out of Facebooks terms which give them the right to use your content for their business or marketing purposes, even if the various chain posts that have spread there might claim otherwise.
If code with a license, say GPL, goes out somewhere else, by someone else (and therefore I don't have the right to change the license) and then I fork it, as per the license I keep the license and put it on github, and Github violates that license, aren't they violating the law? Don't they then have to remove that code? If that's the case then in that scenario the license supersedes the ToS right? Now imagine this: I…
You are violating the law, probably. The ToS would say something like "I hereby declare that I hve the right to agree over the software to submit it under the ToS".