Its only considered spamming if it is unsolicited email..
Having said this - you may have a hard time finding a host to take this on, especially in a shared environment - as no one wants to risk getting their mail server IP's blacklisted - and with a list of this size, sent even 1/month, the associated probability of getting reported, even from opt in users, is quite high...
They are going to send it monthly. I kept on asking them if they are going to send it like everyweek but they said they are going to send it monthly. I was anxious because it might get me banned or suspended or will cost my host some trouble. But i do really need their account cos they are a big realty type company online. plus I had a deal with them that if I agree to host their mailing list I get free advertisement from their site that gets like huge number hits daily. any advices?
SPAM, in the strictest sense is unsolicited email.
Every provider – hosting, ISP, etc. – typically has the right in the provider’s terms of service (TOS) and acceptable use policy (AUP) to define what spam means to the provider.
In that case, as a reseller you are always best served by double checking with your provider. The WHT community may say one thing, but it is what your provider may say that will really count.
Also, some litmus tests:
1. How did the email addresses on the list get on the list in the first place?
2. If the answer is “the people on the list signed up,” then the next question becomes, did the people on the list specifically sign up to receive email from YOU specifically?
The reason this question is so important is companies will purchase mailing list of opportunity seekers. Then company management team states to itself, well, we are emailing about opportunity seekers to a list of opportunity seekers. They, the people on the list, want this stuff ===> WRONG!
3. What type of proof does the list owner have that the people signed up to receive email from the list owner?
If it is done correctly, typically there is a form with contact information, IP addresses used to sign up, double opt in (i.e. person was sent an email asking them to confirm to continue to receive email), etc.
4. Lastly, ask them to show you their written procedure for handling SPAM complaints. If it is not in writing, then they really didn’t put a lot of thought about it. That puts the burden on your shoulders; do you want it?