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A good bet is that they are watching your IP right now, and letting the TF program generate a log file to see if you leavrned a "lesson" or are still trying to download from the P2P networks.
No you will not exceed the cap, but you do dig a deeper hole in their opinion the more you try and use identified P2P programs.
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I sincerely doubt that this is true. The IT depmt is fairly rigid, for example, when the lsass virus was floatin around, they demanded that any infected computer be reformatted before it was re-introduced to the network, a good precaution, but also highly unecessary. they are anal enough about the rules that they aren't going to be lenient due to good behavior and someone, "learning their lesson".
Even if I kept limewire, kazaa and plenty of bittorrents running etc etc, so long as i didn't exceed the cap, it wouldn't matter to them. They wouldn't, rather couldn't, give me a greater punishment b/c it's not specified in their terms of usage.
At this point, all of my preliminary research seems to point to no way that i can bypass this bottleneck and fool them into thinking I'm still behind it. However for my own edification I'd like to know what the mechanism is that enables me to download across the network at full speed while having my internet slowed. It seemed like Bendsley was hinting at that with his switchpoint reference, but his explanation didn't suffice, so any info would be appreciated