plz help me with network blues!!

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akitosforever

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My local isp provides me internet thru lan and had promised me togive the speed of 48kbps in the day and 128 kbps in the night .
But during the day it wurks fine bt a night there is no substantial increase in the speed.when i talked to him regardin the issue he told mr that at night he leaves his server open and there is no fixed bandwidth given to any1 it just gets shared among the users at night .Bt im desparate to get the commited speed .My final querry is is there a tweak or a utility which can extract sum amnt of bandwidth as per my req bcoz i had told earlier he leaves the server open for sharing the bandwidth and there is no control over it.
my purpose is nt to misuse the speed but get the commited speed, the way it shud be .
Also may i know name of sum gud network utility software which can give me additional info ragarding the speed of network and whos is getting the most speed on the basis of ip address
Any kind of help is really thanked.
It is cable net.And i m stressing it on the pt that the server is kept open so any1 can take it as per usage
 
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