Is this a joke?
When I pay 50 bucks a month for "unlimited internet" I better damn well get my unlimited internet regardless of my intention to use it to its literal meaning. We can get technical all you want, but its simple. Don't market a service you cannot/do not want to provide end of story.
Its like going to an eat-all-you want buffet then because you eat more than the average customer your being told you cannot do that. What kind of mess is that?