Earlier quoted context omitted.
It is only fraud if it is intentional deception. In this case I suspect they assumed reasonable interpretation and customer interest: No realistic hosting provider can have the capacity to have every server utilize network 100%, but despite this the customer still benefits from increasing the uplink speed. In my opinion, their limits are perfectly reasonable, the configuration is in the interest of the customer, and…
So what you're saying is, if I offer 10,000 gallons of ice cream for $100, but deliver an ice cream cone, I can defend myself by saying that what I delivered was more in line with what a typical customer would want?
If you really want to use this analogue, then the provider is getting upset after continuously providing 8000 gallons of ice cream every month to an individual who bought a single ice cream cone with "unlimited refills".