SmartByte, malware?

I've been reading about SmartByte software from Dell. I attempt to uninstall this application and am prevented, and this third party company has decided to interfere, by  downgrading my bandwidth, with the services I've contracted with an ISP company? I too, tried to uninstall the SmartByte Network Manager and found that even after performing the uninstallation, and it not being present in the installed applications listing, this program is still up and running on my machine. It doesn't matter what patches or upgrades are provided by the companies behind this, I should have the  right to remove their software from the hardware I own, operating system I use, an ISP services I pay for. One thing to keep in mind, what other application providers/distributers are performing similar actions? These types of software applications should not be allowed to lurk in the shadows, and in this case limit bandwidth from a service I pay for. But,  should be on the open market, where people can decide for themselves, if they need this application.