TOS checkbox not checked, allows registration

@Barry (starting a new thread based off of his request)
I just tried the TOS plugin on
WP 3.3,
BP 1.5.2
Membership Premium 2.1.4
TOS 1.2.2

I am using a 3rd party salutation theme. On the membership specific registration page, It allows me to register without checking the I agree, so the plugin seems broken. The members do get created properly.