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I would say "60up/20down unlimited" means your ISP guarantees this bandwidth as part of the contract, rather than upper bound the bandwidth by this number. In the off peak hours you may be allowed to download at a rate higher than this number, but even in the peak hours you should be able to fully utilize your guaranteed bandwidth.

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Even a "guaranteed bandwidth" becomes impossible if you're transferring from a server that can't provide those speeds, or over some portion of the Internet that can't due to link congestion/etc., and your ISP can't do anything about that. In that sense, all bandwidths are "up to".

The significantly more expensive "business level" plans usually do have some sort of guarantee via SLA, but once again that only applies to the part of the network between you and the ISP.

You can check that with torrent. If it is not a single server and a single connection you should be able to saturate your network connection.

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