update:
been playing mario kart 8 dlx online while in Cfw (first time was by mistake, then said screw it) since may.
haven't done any layeredFS or anything too crazy like trying to run backups from release groups (neither xci or nsp)
haven't backed up any of my own games.
still not banned.
what i have done is save edit botw so i have a rich link with inventory maxed at 99999999
played retroarch snes (cant remember the name of the app) alot and usually docked when playing
have had some crashes with codes i cant find on nintendo's website or even switchbrew
should i just go all the way with it and get backups and stay offline with it or count my blessings and stick with how i have it now?