T-Mobile USA today continued to face criticism of its online video zero-rating and throttling program with one small video company saying it would quit Binge On.

Slidefuse, maker of 4Stream.TV, was spurred to action in part by T-Mobile CEO John Legere insulting the Electronic Frontier Foundation (EFF).

"In light of recent events and of comments made by your CEO, John Legere, we have decided to halt our participation in Binge On and disable our traffic shaping rules for the time being," Slidefuse told T-Mobile.

While defending Binge On, Legere had asked the EFF, "who the fuck are you, anyway, EFF? Why are you stirring up so much trouble, and who pays you?"

Video companies that join Binge On and meet T-Mobile's technical criteria get their content zero-rated, meaning that it doesn't count against customers' data caps. The program is controversial because it throttles all video, not just video from T-Mobile partners.

Implementing "traffic shaping rules" apparently means that 4Stream.TV would send only 480p streams to the T-Mobile network. But since T-Mobile can recognize video from most sources and throttle it anyway, video providers can't prevent throttling simply by pulling out of the program.

Consumers can disable Binge On in order to watch video without the quality being downgraded. Downgraded video uses less data, helping customers stay under their high-speed data caps.

4Stream.TV wasn't listed among the 38 providers participating in Binge On, but there appears to be a good reason for that: 4Stream.TV was still working with T-Mobile to meet its technical requirements.

4Stream.TV also doesn't provide video directly to consumers. Instead it helps other businesses make video streaming services and says it is working with small businesses and schools that broadcast to a consumer audience.

4Stream.TV developer Aaron Zufall told Ars that the company was hoping to get its clients' services zero-rated on T-Mobile's network.

"We had just integrated traffic shaping & were coordinating w/ their NOC [network operations center] when this happened," Zufall told us via Twitter.

Zufall was referring to an EFF report that showed T-Mobile is throttling all video streams and downloads to about 1.5Mbps—even for companies that aren't part of Binge On. We've known since T-Mobile's Binge On announcement in November that it would be throttling all video, but T-Mobile didn't really emphasize that aspect of the program. The EFF report provided data and helped turn public opinion against the carrier.

Zufall and Slidefuse founder Patrick Hampson told T-Mobile that "As net neutrality supporters and EFF members, we encourage you to be more honest and transparent about the issue and develop a program that we can be proud to participate in."

We asked T-Mobile today if it would consider turning off throttling for companies that leave Binge On, but the company did not answer. T-Mobile did tell us that "4Stream.TV is not and has not been part of the zero-rated partners," but didn't deny that 4Stream.TV was working with T-Mobile to be included.

While Binge On includes large video providers like Netflix and Hulu, YouTube never joined and has objected to the throttling of all video. T-Mobile is meeting with the FCC soon about whether Binge On violates net neutrality rules.

Despite a rule against throttling, lawyers told Ars that T-Mobile's program may not violate the FCC's net neutrality order because consumers can opt out of the throttling.