i think you are safe.
you can get banned by:
1. playing a game that isn't released yet
2. using a public header (cia files are safe)
if its nnid linked online (such as niconico) you cant use nintendo servers for it anyways. and as far as they see you just moved from japan to the us or something. so its unlikely but noone can be sure for exact
You can play online withotu issues.
As stated above:
you can get banned by:
1. playing a game that isn't released yet
2. using a public header (cia files are safe)
And also, using cheats online..
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