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I use Cox@Home and they also have this provision.

From the Cox@Home User Agreement:

8. Prohibited Uses of the Service; Indemnity.
Customer shall not use the Equipment or the Service directly or indirectly to:

m. use a VPN (virtual private network) or VPN tunneling protocol;

Here's the link to it.

However; I looked at the @Home Acceptable Use Policy and they didn't have anything specific about VPNs.

I've liked my service so far, but if they try and enforce this, I'll have to switch to DSL (Man I HATE Southwestern Bell) because I have to be able to VPN into work. I really think they are shooting themselves in the foot with this, although it may end up being something they never enforce. I'm not going to start worrying about it untill they do. And if/when they do enforce it, then that will be $40/mo less revenue for them from me.