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It actually depends on your ISP if they throttle you during rush hour. Sometimes, ISP has a capacity problem because more people stay home and consume internet-related media that cause congestion. The ISP chooses between buying more bandwidth (which may be as pricey as 10$/Mbps/month, depending on the upstream) or restrict the heavy user.

It's like electricity; You have to balance between peak capacity and off-peak capacity. Throttling becomes inevitable as ISP is unlikely to sustain and make any profit during the rush hour while their bandwidth is left to waste during the off-peak.

Some ISP has a cap that makes it so that the cap will not count between off-peak hours (mostly after midnight till noon the following days).

From what I know, All ISP have an invisible cap that only works during the peak capacity: Any accounts that use the most bandwidth during the peak capacity will be limited in terms of speed first before others. This traffic shaping process only kicks in only if the router logged any over-capacity threshold (be it noon, evening, mid-night, whatever).