Dear EMusic Subscriber, 

I'd like to offer a personal apology for some of our recent communication with you
and other EMusic customers. Over the past several weeks, we have implemented some 
new tools in an effort to identify subscribers that are using EMusic in ways it 
was not intended. It's important for us to do this to ensure the long-term 
viability of EMusic -- so we can continue to offer our service to you and the 
rest of our 70,000 loyal subscribers. 

Many EMusic subscribers recently received a letter outlining unusual activity 
in their accounts. After personally reading through every email sent to us in 
response, it's clear to me that we need to rethink our approach. While we need 
to identify customers who are not using the service as intended, we do not want 
to do this at the expense of passionate EMusic users. 

I want to be as clear as possible about what we consider abusive activity and 
how we will manage this going forward. Although EMusic is an  "unlimited" service,
there have to be some restrictions on this policy. 

EMusic is similar to a buffet advertised as  "all you can eat." For the restaurant
to be successful, it has to have reasonable limitations that apply to people that
stay too long, eat more than their fair share -- or waste food. The service is 
indeed unlimited for the vast majority of the restaurant's customers whose actions 
never draw attention.  The restaurant reserves the right to deny service to any customer.

EMusic was designed to be an interactive service for personal use and enjoyment. 
Our intent is to allow our subscribers unlimited access to an amount of music 
that they can reasonably use. We did not design the service for people who want 
to download music simply to collect it or to fill up their hard drives. This 
would be not be responsible for us as a business or provide incentive for our 
label partners to make their music available. 

Obviously, the definition of "reasonable" varies by user and many of the 
responses I have read are simply requesting some definition. Based on our 
current analysis of typical subscriber behavior, we believe that downloading 
more than 2,000 tracks in a 30-day period is not reasonable for personal use. 
Using a 12-track album as the average, this represents more than 165 albums 
and over 10,000 minutes of music. Less than 1% our subscribers ever approach 
these levels. 

If, for any reason, you do not find this explanation satisfactory, please 
use the following link: http://help.emusic.com/cu/index.cgi to cancel your 
account. We'll immediately end your subscription - even if you are still 
in your commitment period - and provide you a refund for the current month. 

Again, I apologize for any inconvenience or frustration we may have caused. 
I can assure you that our team is extremely passionate about continuing to 
provide you with the best MP3 subscription service possible. 

Best regards, 
Steve Grady 
General Manager, EMusic.com