Cool, so you're claiming that throttling isn't throttling because it at some times isn't applied, while Afriguy claims that throttling isn't throttling because they have a whitelist of sites in Nepal they don't throttle. Good luck with the mental gymnastics of reconciling those two claims!
Throttling by it's very definition isn't lifted until you're in the safe zone as identified in the AUP. Shaping can change by the minute depending on total load.
There is nothing to reconcile here apart from you using semantics to make some crazy point.