It's what's in the contract that matters, and every residential ISP contract I've ever seen has acceptable use limits, tells you not to run a server, etc.
The ultimate catch-all is language to the effect of "activity that negatively impacts other network users" or some such.
1. Use. The Service is designed for personal and family use (residential use only) within a single household. Subscriber agrees that only Subscriber and Subscriber''s authorized guests in the same household will use the Service. Subscriber is responsible for any misuse of the Service that occurs through Subscriber''s account, whether by a member of Subscriber''s household or an authorized or unauthorized third-party. Subscriber will not use, or enable others to use, the Service to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access. Subscriber will not resell or redistribute, or enable others to resell or redistribute, access to the Service in any manner, including, but not limited to, through the use of wireless technology. Spectrum reserves the right at its sole discretion to immediately suspend, terminate, or restrict use of the Service without notice if such use violates the AUP or the Terms of Service, is objectionable or unlawful, or interferes with Spectrum''s systems, or Internet Network, the Internet, or others'' use of the Service.
It's a 35mbit up connection. His usage reprents over 95% utilization 24/7.
Clearly the customer picked a service for their need in order to use backup: unlimited bandwidth checked that box.
I don't think spectrum has any ground to stand on here as it seems that the user in question went out of their way to clarify that what they were planning on doing was acceptable prior to paying for not only an additional line but the cost of running said line as well. This not only didn't set off any red flags for Spectrum but they reassured the user that this wouldn't be a problem.
I don't know how you make it any more clear that you plan on using the internet plan to its full capacity other than that.