So then throttling isn't a penalty either by that definition.
I have never said throttling in and of itself is a penalty - HOWEVER describing a person as an "abuser" and consequent upon that "abuse" throttling their connection speed is a penalty - a punishment for allegedly "breaking a rule" imposed by the ISP.
Throttling however requires that the softcap type limits or policies be published and you then can't call the service unthrottled.