The corner point here is that the user agreement is a contract between you and Microsoft, and that contract clearly states that all along the program life, you will receive marketing emails.
If that contract is in contradiction with other general laws, what matters is the precedence rule observed in both the UK and the USA. AFAIK (but IANAL) in France and more generally in UEthe EU, the rule is that a European law prevails over a national law which in turn prevails over a private contract. The rule is that if an article of the contract is illegal it is supposed not to exist. But I had been saidtold that in the UK a contract could prevail over a more general law, and the UK is no morelonger in UEthe EU.