Form cleared when TOS is not checked

Hi everyone!

My customer just notified me, that there is an issue with the TOS-module.

When the buying, non-registred, customer does not check the box near "I accept the TOS" and submits his cart, he will be prompted to check this box.

But at the same time, all information he entered (his address, etc.) are cleared and he has to reenter everything.

I'd love to this behavoir changed, so that all entered information is beeing kept.