New Broadband Capping Techniques?

doublea16 writes "Upon calling my broadband cable company to see why my modem's upstream was so slow as of late, I was told I had been capped due to excessive uploads. When I dug deeper for more details, I was finally told by a manager that any upload in excess of 35 minutes (size of file or type, etc have no bearing) would result in an automatic capping of the user's upstream. The Terms of Service provided are very vague when it comes to their rights to restrict speed. I was wondering if anyone else out there's broadband company had resorted to tactics like this? Is this fair to the consumers or even legal?"