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I'm afraid the 'gist' of this topic is being missed. There is an element of honesty and morality accepted by a company when it trades or enters into a 'contract' with a paying customer. I acknowledge that 'upto' can be 1Mb or even 7.5Mb, by the same token, to offer 'upto' 40Mb can still mean 1Mb delivered and thus honouring their contract whilst being aware that morality and honesty are not mentioned in the contract.
Now I know why I'm still poor!