Orchard Park, NY
Looking at the very limited trace information from the OP in this thread, nothing is oversold or overloaded.
There have been many discussions on here regarding over selling, if you want an ISP to dedicate bandwidth for every single one of their customers 24/7, then your connection would cost possibly 10 times or maybe more of what it currently costs.
However this is all of topic as this is not the cause of the OP's complaint.
"A foolish consistency is the hobgoblin of little minds."
- Ralph Waldo Emerson