Probably since "up to" isn't really a guarantee. My old net had a speed of "up to 16mb", however I only got about 4mb due to the distance from my house to the BT exchange. This was with ADSL2+ broadband, though.
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Yeah all the ISPs in the UK advertise "up to" 20MBit (highest you can get on ADSL) and you basically get told to fuck off if you complain about speeds.
Unslain Bosses - Clan