Well to answer the original question, I think it's legitimate to class a service as
uncapped even if shaping is being enforced as
uncapped is a very specific term meaning no limit is placed on the amount you may download, which is the case even if certain types of traffic are shaped. Yes the enforcement of shaping may limit what you can download in any given time period to a lower amount than would otherwise be the case but that's a rather tenuous argument. You could argue that every service is capped in that it has a finite nominal speed which dictates how much you can download in any given period.
More contentious is the use of the word
unlimited. The ISPs would no doubt claim they are using this word to mean the same thing as
uncapped but if we go by the dictionary definition of the term then it does indeed mean an absence of limits, which traffic shaping certainly is not.
This kind of crap needs to be stamped out and fast. The ISPs are taking liberties, especially those who do impose more severe limitations on their service and are doing a major injustice to the few ISPs who are genuinely unlimited and impose no caps or shaping of any kind.
http://www.asa.org.uk
I suggest everyone here takes the time to register a complaint on this site and maybe a precedent can be set sometime soon.
