Those kinds of questions are not typically fielded here, as they relate to piracy, but since you specifically asked about legit games, if you are not loading atmosphere, a custom firmware designed to modify game files and OS systems, then you will not be banned. Loading a hardware mod into your console, and then booting to the Original Firmware will not get you banned. Booting into Custom Firmware, then connecting to nintendo servers after loading mods is how you get banned on the console (not your account, just the console that is hacked).