Re: Computer Misuse Act?
The EULA is irrelevant.
It's the definition of a take-it-or-leave-it contract, with no discussion possible. There are multiple UK legal precedents stating that any clauses a reasonable person might not expect are null and void.
Aside from that, if you've explicitly said "I don't want the upgrade", then MS laying claim to that bandwidth would appear to be unauthorised use.
At least, it does to this potential juror.