Yeah right - what if they decide to use some proprietary encapsulation that adds 200% to the original data. Should you have to pay for that? If you should, then it's only a matter of time before someone figures out this could be a nice revenue stream
I'm not sure, but ToS or none, I doubt this sort of thing would be legal in most of Europe. You can't really be charged a variable amount for something you have no control over. All that said, I wouldn't be surprised if someone somewhere is charging for encapsulation (knowingly or otherwise).