I do not think that anybody in our biz who is doing a good job will send out spam by using the whois info. All the ones I knwo, just send mails to customers of there shops.
We just send out a mail one or two time a month and you will only get it, if you have in your account data checked to receive it. If you do not like to get it, just turn the newsletter off.
I do not think that the customer data will be exchanged with other content shops, because the competition is to much in this market just to give away your customer data for just a smile.
The onw you mentioned, yes it's really to much what they sent out, but there is a new one, which is on the way to get to the top

by sending out a newsletter for every 10 new sets they get online
