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Didnt read the terms but from experiance the throttle duration lasts the duration what ever happens. So if you go over your threshold an 8.59 you are screwed untill 1.59AM. You get throttled for 5 hours full stop.
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That's an interesting point, and it's not clear from at which point the 5 hour duration begins. I've read the terms several times and this:
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To make sure all customers get the most from their connection, we automatically reduce the speed of the heaviest users at peak evening times - between 4pm and 9pm. In extreme cases, we'll now also reduce the speed between 10am and 3pm
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points to throttling being applied between the quoted times only.
There is no mention of reducing speed outside of these time bands.
If you're a heavy iPlayer (etc) user you're stuffed.