I wasn't aware of RECAP. Having searched for it I came across a page on the pacer site[1] where Pacer say if you use if for free you aren't allowed to use RECAP. I'd be interested to know whether it's legal for them to have a fee exemption for limited purposes that allows them to make prohibition on transfer of information that is (as I understand it) public domain.

Edit: I've looked on www.recapthelaw.org and couldn't find any clarification on this.

[1] http://www.pacer.gov/announcements/general/exemptnotice.html it's the third result when searching for [pacer recap]