Ok, but you DON'T HAVE A 4G PHONE. You have a Hero. If that's wrong please fix it.
I went over 1gb of data last month and didn't get throttled. It only happens at 5gb. I agree about your assessment of what is and what isn't 4G, but keep in mind that according to technical definition WIMAX and LTE aren't either (this is according to the official 3GPP definition of what 4G is).
If you're just talking about speed (which is what the carriers seem to be using to determine what they will call 4G) then all the carriers have it. I've seen 8mbps down/1.2mbps up on HSPA+. When I had my EVO the fastest I saw (in the same area of Chicago, one of the better WIMAX networks) was 6mbps down/1mbps up.
So all other things being equal if speed is what matters who cares what they call it?
Oh and my monthly bill is cheaper now than it was with Sprint. 2 MT4G's vs 2 EVO's (not in a WIMAX area). I don't go over 5gb. I'm on wifi most of the time.