For a company like bASIC-MINING, it would be fraud to not actually have the hardware yet claim you have. But that is because you are buying into a mining company.
This is comparable to a dividend swap, and is just another way of wording a difficulty future. You do not need to own the underlying assets to offer, and it would not be fraud.
I am not doubting you have the hardware
This offer is ONLY for the amount of output that 100MH/s would produce. NOT for the hardware backing it or the output of owned hardware. As long as you pay out based on what 100MH/s would earn it's on the up and up, that's why there's no subtraction for operating costs either, the coin based returns are being sold, not 100MH/s of hardware.