First, let me apologize you are right I did present that as if you were going to argue it. Product of this thread at the moment!
Also, while you are correct in the account of “temporary down time” the issue is that it’s not being created by the company but instead, seemingly and without any evidence from the company to the contrary, happening without the implicit design of the game or its creators.
That’s the problem. If it was being done by the creators then it’s “necessary maintenance in order to provide said service”. Due to their lack of communication on any of the issues that would void the contract even Steam has already said they will provide the refunds.
Point in fact: One server went down a couple of days ago (I believe it was a Thursday?) and it took them just over an hour to post anything about the server being down. That is going to be a hit against them in any courtroom.