I think there are two main rubbing points.
One: The word "unlimted" is used as a part of an advertising scheme when the ISP doesn't really mean, nor can they fully offer, "unlimited" downloads.
Two: Who determines "fair use"? If I'm a movie buff who ponies up for an "Unlimited" download plan so that I can watch a movie a night with my paid subscription to my Internet Movie Provider (IMP) of choice and pay MLB to watch their premium baseball games on my computer (perhaps at the same time if it's a slow game or a stupid movie choice), I shouldn't be hindered by my ISP because in today's world watching movies online and sporting events online are now considered fair use.
In short, if you do not really mean "Unlimited" do not say "Unlimited".
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