This is an email I received from and used as evidence in Spertus vs. Kozmo. It is unaltered except for my highlighting a portion of it in red.

Date: Thu, 23 Nov 2000 23:16:08 -0500 
From: Kozmo Customer Service  
To: Valued Kozmo Customer  
Subject: Service Update from 

Through customer feedback we heard that many of our members like you,
who originally opted not to receive occasional e-mail news from us,
would like to change their preference.  Now, you can opt-in to our
subscriber contact list via the Web site -- -- by
clicking the "My Account" button, going to the "My Personal Info"
section and entering your e-mail address.  If you choose not to
opt-in, your original preference will not change.

You also may not have heard about a new service at that
revolutionizes gift giving.  When you first joined, you
could have products delivered to your door in under an hour.  Now you
can use our new gifting feature to have any item on the site delivered
as a gift to anyone in our service areas in 11 cities across the
country.* Every item we carry -- from DVDs to MP3 players, diapers to
baby blankets, gourmet chocolates to martini glasses -- can be sent as
a gift.  We can deliver your gift in our new signature orange box with
a personal greeting.  We’ll even deliver gifts on Christmas Day!

You can also subscribe to our e-mail updates by replying to this
e-mail and typing OPT-IN.

Happy holidays and thank you for choosing

Best regards,

Your friends at

*Subject to inventory and service ability.  When sending a gift, please allow
extra time for gift processing and packaging.
Copyright 2000, Inc. 

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