I suggest that you do not put load on your hosts server in order to get your money back. This will probably break their terms and conditions and then they will terminate your account and not refund you.
Why not just be grown up about it and send an e-mail complaining about uptime and ask for a refund?
If there is no reply then I'm afraid you chose a bad one. You shouldn't have really chosen a host that offers UNLIMITED, read the stickys at the top of this Hosting Forum and make a more informed decision next time.
Did you expect any less from a host that lies to you? Unlimited anythihng simply does not exist and is usually paid for by poort uptime, poor support or unexpected account cancellations.
I hope you've learned your lesson and will be smarter when choosing your next host. If you're past your money back guaruntee period then there is nothing you can do but chalk it up to experience and move on.
