Sure, you can use more. But you're a very very very small minority of the overall subscriber base. We've been round this pole before
Using "the living crap" is a subjective appraisal. I believe if there is a cap, it should be clearly stated, as in the speed, in all advertsisements regarding such connection. What is is for, averages, and all that smoke screen is just marketing to compete against a superior product, as FiOS is.
Until the FTC (not FCC) comes down against this misleading advertising, nothing will happen.