I just picked one up 7/8.
Bought with credit card meaning they have my signature. BUT, the signature was only for authorizing the $99 + tax. Did not sign a TOS. The stickers on top and bottom of box say something like "If you break this seal, you are committed blah blah blah."
This is totally lame and because:
1. I did not sign a contract.
2. I could have opened the box from the side with a blade/knife - technically, I didn't break the seal (I know cheeky but still a technicallity)
I can say the above because startup dot-coms don't necessarily have the resources to make sure they cover their asses. I work for a high profile dot-com and often have to TEACH our legal department some technical things. I can totally see their legal writing the copy for the sticker and not looking at loopholes (i.e. ripping the sides)
If they really wanted to enforce the "you will pay the penalty if you don't sign up for at least 3 months blah blah blah" they would have to create a contract that buyers will have to sign along with the purchase. I verified the receipt I signed and it was strictly for the sale with no contracts.
Better get em before Netpliance wakes up and enforces the contract.
Hint: I got the email 3 days ago saying they were now in stock. Went to the Circuit City website - out of stock. I went to one store - not in stock - BUT they told me there were two pieces in a store a few miles away. I bought it at the first store and picked it up 20 minutes later. Bottom line? Go to a circuit city store and tell them to look it up in their database. Good luck all.
BTW. I don't know yet if the one I bought is hackable. I bought on pure faith that the hackers will come up with one