Guest Checkout - Terms of Service unchecked - No message No Checkout

[mowlman]

I have VM 20.22b. the following configured in backend:
Must agree to Terms of Service on EVERY ORDER?    N
Show Terms of Service on the cart/checkout?     Y
On checkout, ask for registration    Y
Only registered users can checkout  N

When checking out as Guest, I leave the Terms of service unchecked, submit order , and nothing happens, no message, no thank you message, no order placed. 

Should the guest shopper be prompted with an error message or popup to accept Terms of Service?  OR Perhaps the same guest shopper has already placed an order and acceptd the terms , then the order should take place? 

[jenkinhill]

When I test those settings as you describe on the current 2.0.24 version I get the error message: Please accept the terms of service to confirm and get returned to the cart page.
Using Beez20 with no template overrides.

[mowlman]

Thanks for your reply Kelvyn,

I will upgrade my dev site from 2.0.22b to 2.0.24 and re-test.   I firgured the shopper should get prompted everytime they checkout as guest, (the price for checkout as a guest instead of registering and setting the TOS)   Thanks for your time, I appreciated it.