capped un throttled line being throttled between 1

using my glassware app and witnessing personally I can see that my account is being throttled after 12 midnight till 6 am in the morning , this is a violation of our agreement we intered into and I have not requested immediate cancellation of the account as I have had to use my daytime data to complete the downloads that should have finished overnight. I require an explanation if there is one and I grantee that this will not be an ongoing violation for me to even consider staying at this ISP.