I just checked my agreement, and it says something like this:
Stated Speeds not guaranteed and are affected by many factors. In all cases, actual speed will likely be lower than speed indicated during peak hours.
But the marketing says nothing about "up to" like it does with typical cable and DSL services (we use a small, local ISP), and I've honestly never seen my speed go below the advertised limit. Every time I test it (and I've tested during peak hours as well), I get pretty much exactly what's advertised.
That said, the agreement I'm reading is kind of funny:
Random stupid stuff in my agreement
Pinging or other network probing is prohibited.
Yet when I call support, they ask me to do a ping test. I know what they're intending to say (it's talking about hacking, such as nmap-ing some remote service), but the wording is awkward.
And this:
You may not use {service} to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials.
So I guess they don't like porn. It goes on to talk about stuff involving minors, but this wording seemed broad.
You may not use the Service to transmit, post... language that encourages bodily harm, destruction of property or harasses another.
I guess I can't troll.
You may not advertise, transmit, ... any software product, product, or service that is designed to... spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
So I can't recommend lemmy I guess, since people here like piracy. Oh, and I also can't tell people how to check their network connection by using ping...
Blah, blah, blah, I've probably violated a half-dozen of those provisions. I'm guessing most of them won't stand up in court, and they'd have a hard time proving anything since everything should be TLS encrypted.
Fortunately, my ISP is pretty decent in practice and doesn't seem to care what I do with it.