If you have read the Register article you will have seen that it says
Quote:
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Originally Posted by The Register
"It is therefore necessary for us to protect the service for the other 99 per cent considerate users by establishing an acceptable guideline for use and serve notice of termination, which we are able to do within the scope of our current and previous Terms and Conditions, for those who are affecting the quality of service for the rest."
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Every uncapped ISP could get rid of its heavy users in the same way if they so desire and it is quite legal for them to do so.