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The story below is taken from BitLaw (Resource on Technology Law)
website: http://www.bitlaw.com/internet/isp.html
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Contract and Fraud:

When America On Line announced that it was shifting to a flat-rate billing policy, AOL’s proprietary and Internet access services were overwhelmed. Customers who tried to dial in were often greeted by busy signals, and access to the Internet was very slow. Although AOL’s performance improved, that did not stop frustrated customers from bringing lawsuits against the company.

These suits alleged that AOL knew that their service would be overloaded, but nonetheless went ahead with the flat-rate plan. The suits alleged that AOL was in breach of its contracts with its customers (by not providing the agreed upon service) and had committed fraud by knowingly misleading current and prospective customers.

At this point, AOL has not been found liable for its actions.
However, the message for ISPs is clear.
Deliver on all of the promises you make to your customers, and only promise what you can deliver.
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Does this sound familiar?

Attention SMART Communications:
Your company is in breach of its contracts with its customers (by not providing the agreed upon service) and is committing fraud by knowingly misleading current and prospective customers.

“Deliver on all of the promises you make to your customers, and only promise what you can deliver.”