The problem with ignoring "unintentional" laggers.

[Cloven]

Definitely support a cap, and the cap should take averages into consideration in case (as was already stated) spikes occasionally happen. Over all this is likely the fairest method and will support the largest majority possible.

I feel for those people who are unable (for whatever reason) to obtain faster and/or more reliable internet service, however the greater majority should not be forced to suffer because of it. There is just no logic to be found in presuming otherwise in my opinion.