Lets say Bob writes an AI that has the ability to replicate, learn and has a predisposition towards self preservation. As the AI gets smarter, it realizes that it needs to clone itself in order to avoid being shut down. Since it has access to the internet. It teaches itself how to replicate similar to a botnetworm. Except all the resources it uses to self replicate are legal and fall in line with the hosting's TOS.
As the original creator, can you be held liable for the AI "escaping" your control and freely roaming the internet on its own?