If you're advertising 10 megabits, and delivering 1 megabit, and never had any intention of providing more than 1 megabit, the "up to" logic doesn't work; that's just false advertising.
They used to advertise 16/1 and 16/10 separately (or rather, 16/7, which was a specific upgrade if you qualified). Then they changed it to 15/10, but they didn't do any technological change, they just advertised it differently, and they took away the ability for the customer to validate which one they'd get (which was possible before).
Selling a 10 megabit upload service to somebody and delivering only 10% of the advertised speed is just plain false advertising.--
Developer: Tomato/MLPPP, Linux/MLPPP, etc »fixppp.org