If you look at a standard network graph let say from something like MRTG.
You take all of the points, the low points, the high points, and everything in between.
You sort them from lowest on the left, to highest on the right. Drop the top %5 on the right, and that is what you're paying for in the 95th percentile model.
Some service provides are now offering 90th percentile models. Ask your service provider.
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If you dont mind that the upload can be done slower (takes longer) than you could cap the speed for example to 5mbit. Than you would not come over the 5% @ 9 or 10mbit and be billed for that.
As I said....just for the case you dont need the upload to be done in a certain time period.