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Commercial email is strictly regulated under the CAN-SPAM ACT of 2003. The CAN-SPAM Act defines commercial email as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose), yours would fall under a commercial service. Under the ACT consent to receive commercial emails may be oral or written, you must tell your entities name, and if different than yours, the name of the entity advertising products or services, all commercial email messages sent out after you've received authorization must allow you to "opt out" of receiving future messages. The persons must be allowed to opt out the same way they can opted in, including by dialing a short code. legally, you have 10 days to honor requests to opt out.
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Yes they can, they most likely have some agreement with each of the members, and the use of their emails for commercial purposes.
They could still argue that the restrictions on use of the members email is indicated. Based upon that wording I would not use the emails from that site.