The way we categorise traffic on Max is exactly the same as Lite, Mid & Pro, ie traffic is either priority or non-priority, with non-priority being mainly newsgroups and file-sharing. Everything else, including gaming, browsing, streaming etc is priority traffic.
Max options 1 to 4 are differentiated on speed, ie customers pay more for better peak time speeds, with option 4 getting the best speeds. This means we can't relax the peak time limits for Max, otherwise there would be no difference between the packages which would be unfair to those paying more for better speeds.
Yes you will get your full 3Mbps line rate 24/7, but since the changes the same will apply to most customers, even those with much higher synch speeds.