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"Up to"
It is a company's often-used and workaround way of saying "we're not promising you shit" right upfront. If an ISP decides to give you 20MBps and they say 'up to' 50? Guess what, you're getting that variable 20 - 35 at best connection, not the full 50 or even 49.
Any value that a company puts those two words up against, always expect you're getting lesser than advertised. It's a subtle sneaky bullshit lie that is right infront of your face.
It's impossible for an ISP to guarantee speeds though, because it's not just their connection that's being used.
Do they use this to weasel out of reasonable expectations of connection quality? Yes, absolutely. But they also can't do anything about the speed of the server you're downloading from.