The answer to your first enquiry is more than likely a case of fake files...
This sticky will explain what they are and how to avoid them...
http://www.gnutellaforums.com/downlo...h-results.html
The answer to your second enquiry can vary depending on the speed of the hosts you are connected to and how much of their bandwidth they share, if they are behind firewalls and so on..
Make sure you aren't behind a firewall as well...
And if you do get 40KB/s with a dial up connection you are doing very well..