There is no problem with what you are doing. That is why I said 90% are tethering. You fall into that 10%. ATT sets the mark at 5GB in their system as a notifier so they know to check if any "illegal" activities are going on. Even if ATT contacted you about using too much data, they would do some research and see that you haven't been tethering and tell you that you are fine. Everything I have said has not been directed at you and I do not think you have been doing anything wrong. If you read my posts again you will see that I disagree with people that violate TOS and use lots of data. There is nothing wrong with you using your phone a lot and obeying the TOS.
I didn't mean it as an "attack"... What I guess I was trying to say (but reading over it again I wasn't clear about) is that, if I manage to use that much in just watching movies a month... there should be no problem with people who tether and use the same or more. I just think that this is what we pay for! Other countries are using it no problem.... YES i do get pissed whenever my phone calls drop every 10 minutes but the reality (to me) is that ATT is a POS. Tethering should not be a problem at all. I think "hey go ahead an use it, apperantly its not that big of an issue yet... use all the bandwith possible and make it a problem that way ATT is forced to fix it rather than "promise to" ". Know what I mean?
I just don't know who to blame... Is it Apple for getting such a POS network lock the phone down (when the whole world gets better networks?!?!?) or ATT for pushing something they weren't ready for?
In any case, if they sell you an "unlimited plan" I don't think there's much they could do if you abuse it. I am no attorney but "unlimited" is "unlimited"... One day they will run across the wrong person who will slap them with a law suit.