Then don't download copyrighted material. I believe, however, that most of the people that have gotten in trouble so far have been sharing files. There is no 'safer' program. People have gotten caught with torrents, too.

I'm not sure that any other programs will work for you, then (not sure). But, the fact that they are shaping your bandwidth may indicate that they've got their eye on you already. You could try switching your ISP.

Hope this helps

Dan