It's pretty clear that you haven't attempted to "run an internet cafe" or even share your torrents "with your whole dorm". On a 384 line it is impossible. Perhaps with a 4 meg line you could share torrent bandwidth with a few people if you are prepared to wait a week for whatever it is you want to download. You definitely can't browse whilst doing it.
The comes the question why Mr. Jansen is using these exaggerations to justify heavy shaping. The answer is obvious. The more shaping MWEB does, the less bandwidth is used and the cheaper the service is to run.
By 'blaming' other heavy users (which he says is a "small number of users") he can justify MWEB's restrictive and variable quality of service.
As for his terms of service. In the beginning there was no mention of uncapped in the TOS. Even after a change to the terms after May, it still doesn't mention uncapped. Again, keeping it vague suits.