Good download speed, but weak upload speed on cable modem?

I've had an issue with upload speed on my cable modem for quite some time. If someone else on the the network does anything as simple as uploading an image to an email, my connection slows to a crawl. If im playing an online game and someone uploads, my ping will go from about 97 to 700+. For awhile I assumed... show more I've had an issue with upload speed on my cable modem for quite some time. If someone else on the the network does anything as simple as uploading an image to an email, my connection slows to a crawl. If im playing an online game and someone uploads, my ping will go from about 97 to 700+. For awhile I assumed it was my old linksys router at fault, but I recently replaced it with the top of the line netgear router and the problem still exists. Could it be the modem? Or is it most likely something the cable company has to fix? I did a speed test of my network, and it showed a maximum download speed of 4.65 mbps and an upload of 256 kbps.
Update: Edit: I'm not sure what my upload speed is supposed to be, i'm going to check with my isp on that...The computer i use for gaming is wired directly to the router, the spike in my fps is directly related to the upload traffic on a wireless laptop on the network, I've witnessed it on several occasions
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