And I would definitely mark these emails as spam. When a company sends me emails I don't want, I mark them as spam. I don't care about the technical rules or if you tricked me into wherein. If it's unwanted non-transactional email, it's spam and you deserve to be kicked off the global email network. You may think you're sending only one email a week so you're fine. Cool, well my inbox gets one "technically compliant" spam email per hour and you have equal responsibility to all the rest of them.