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The AUP should, therefore, reflect the need to balance load over time as this is the most effective way to reduce congestion at peak times and prevent degradation of the service whilst still allowing the extra use paid for as part of the premium for the higher levels of service.
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Like I said before, Ntl broadband is a product for the masses. If ntl don't want to cater for those that want a custom service, the only thing that's likely to persuade them is customers leaving in droves, which hasn't happened yet - which implies that most people find the service acceptable as is.
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As for the recent comments, along the lines of "If you don't like it you don't have to stay with NTL", whilst this is certainly true it hardly helps either NTL or any of its customers to take that attitude.
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I realise it's not helpful. But when have Ntl ever listened? If you keep banging your head against a brick wall, sooner or later you end up with a sore head!