Hmmm, that's true I agree they can arbitrarily claim that my slow down is due to this reason. However, in the past they've sent out letters to heavy users or slowed them down to an unlimited 512k service.
Also the slowing down is occuring on a mass scale, since they are shaping and moving users around routers. The shaping is not something they can do, or move users around because of
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[clause 26] - we reserve the right to change the terms and conditions of this Agreement and/or the Services which we provide to you as soon as is reasonably practicable by giving written notice to you prior to the changes being introduced. We will also publish details of any changes (including the operative date) in each of our main offices and/or on our website as soon as possible prior to the changes being introduced.
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Traffic shaping and moving heavy users around is a change in the terms and conditions. All ISP's I have seen have this in their contract, Sky actually specifically say you'll be moved with heavy users if you continue to abuse the service. Yet they haven't written anything on their website, or told me I'm a heavy user that's why my net is being slowed down.