I am starting a new website and new company, and want to transfer the users from my old site and old company into this new site as I plan on selling my old website. Now, am I allowed to transfer those user database into my new site and send out emails to the old users? Those users agreed to the old company's user agreement, but never knew about the new company. Can I make the database transfer and then give them the option to opt-out? Also, can I send emails to those users on behalf of the new company? Please advice. Thanks.
Legally, it's really going to depend on the exact wording of your old user agreement. I understand that the newco didn't exist at the time, but the wording of the agreement may or may not allow it. If you are allowed to email the oldco users from that site, then you might want to send an email saying that you will be transferring unless they opt out (again, check the wording of your existing agreement). You might also be able to change the terms of your existing agreement before you sell the site.