If providing a consent/agreement to a form of disclaimer/terms and conditions/etc. (which states that by agreeing to your terms means that they are also agreeing on the term of subject to marketing/promotion from you/your company) during the registration process were required, it's not SPAM by all legality.
If you/your company fails to comply upon opt-out request by a member, then subjecting him/her to marketing/promotion would be SPAM.
HTH.
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It's, most likely, that you would face a high opt-out rate if a member wasn't given a choice to opt-in/opt-out during the registration process. Don't be discouraged by opt-outs  They are kind enough to tell you to not to waste your valuable time and resources on them
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