"Unlimited" is the REAL problem
Agree with you about "unlimited", but it doesn't surprise me that the retards at OFCOM chose to focus on "up to" and ignore "unlimited".
ISPs do not control where the customer chooses to live, nor do they have control over where exchanges are located, so using the term "up to" is a perfectly reasonable (not to mention entirely accurate) way to describe the product's potential maximum sync speed (i.e. you could get any speed up to the speed shown).
Would it be useful to know that actual speed you will get if you signed up (rather than the theoretical maximum)? Sure! But unless the ISP is clairvoyant, you'll only ever find this out by actually connecting to the service. Even predictions based on existing router stats / line length can be wildly inaccurate.
Rather than trying to make ISPs responsible for something over which they have no control (assuming that they are not choosing to impose artificially low sync speeds) perhaps ISPs should instead be forced to allow quick, penalty-free exit from a product that doesn't meet a certain percentage of the advertised sync speed. The user can then make a judgement whether to leave or stay based on actual real-world results of their particular line.
The use of "unlimited" however, is an entirely different situation.
The ISP DOES have full control over how much bandwidth they choose to supply (up to the capacity of the technology being used). If an ISP has deemed it uneconomical to allow "unlimited" usage, that's fine, but remove the word "unlimited" and state what limits you ARE happy with.
It's not just ISPs that do this, phone companies do it too by way of so-called "unlimited" call packages that artificially limit the length of calls and the total number of calls.
By no stretch of the imagination can arbitrarily imposed ISP or Phone Company "limits" be considered "unlimited", and that's before you even get into "Fair Use" (fair for who exactly?).
If you are limiting your service to say 1000 minutes a month then just call it a "1000 minutes a month" product rather than trying to redefine the meaning of a perfectly well understood and established word such as 'unlimited'.
Are OFCOM doing anything about this blatant "unlimited" lie though? Are they buggery!