That applies to spam from an unknown sender, not a bona fide company you have a relationship with. Messages from Facebook about your account are hardly unsolicited. I don't think it's useful to call every email you don't like "spam".
[1] In Germany, there is a specific section of the public code governing ToS ("AGB-Gesetz", part of the BGB). Among other things, it forbids "unexpected" terms, acknowledging that people usually cannot read all the ToS that they have to agree to in practice. Quite a few ToS have been nullified by courts because of that rule.