What kind of fee do you have in mind for not using their contract of adhesion? Unless I'm buying thousands of copies of the OS I doubt I can even get that negotiation started.
Some of it's pay as you go, oddly enough. But you are largely correct that more money equals more access to these kinds of things.
There is a company in China that paid them to install Office 365 in their data center. There is an amount of money that will make them install it in your data center, too.
I just think that there has never been more choice for end users and a lot of this stuff about privacy is disingenuous. There are a group of people that wouldn't be happy even if MS released their own version of TAILS and hosted part of the Tor network. (It would be "embrace, extend, extinguish!"..."Tor is part sponsored by the Navy...I be MS gives your Tor traffic directly to the NSA."...It's really not hard to imagine the BS.)
