As an email marketing service, we have to post clear definitions on what spam is. For us, it’s pretty black and white. We use Spamhaus’ definition of spam. To paraphrase:
"Spam is Unsolicited Bulk Email ("UBE"). Unsolicited email is not spam. Bulk email is not spam. Combine the two, and you have spam."
If you think you have an exception to that rule, kindly send the email from your own server, thank you. Did you get some 3rd party "opt-in" prospect list? Then send to them one at a time, not in bulk (and send it from your own server, thank you).
However, we do recognize there are shades of gray when it comes to email marketing. LOTS of gray.
Mark Brownlow has written this very long, detailed article that I think covers all those shades of gray.
It’s a very good read if you’re new to email marketing. But keep in mind that when it’s all said and done, your email service provider is probably going to be forced into some more black and white definition of spam.