and is it possible to get banned if say i played a few games offline then went online and played my legit game, would there be anyway for them to track that and ban me?
I do this all the time.
In fact... let me enlighten you...
Streetpass/Homepass (luvs me sum homepass spamming, Cessilia was sooooo easy)
Play over network (multiplayer fun with friends and family!)
Play/trade over IR (sneaky...)
Play over internet without using private headers. (booo!)
Play your Sky3DS, collect all your pokemon, trade them over to your original cart and then go online with original cart and trade away again.
On firmware 9.5.0-22U or below, you can even import/export pokemon using browser into/out of your Sky3DS game and then slap them on your original cart while making a master collection on your PC using PKHeX editor.
If you have private headers on Sky3DS YOU CAN USE POWERSAVES! (yay!)
If you already own a legit Pokemon OR/AS/X/Y on your system and have used it on Powersaves, YOU CAN USE POWERSAVES TO MAX OUT YOUR SKY3DS VERSIONS!!! (yay!)
SHARE THE SKY3DS WITH FRIENDS!!!! Yup. It pretty much works on any 3DS system and allows you to create network (not ONLINE/INTERNET) multiplayer games easily. Especially if you have a DL copy, an original cart, and a Sky3DS. That's three ppl at once!! So much better than using uPlay or Demos which have limited character selections and capabilities. (glares @ Smash Bros. addicts)
BUT IF YOU CAN'T:
Dump roms to get headers (GW or NinjaHax), stay away from INTERNET/ONLINE play.
NOW.... here's what I've discovered...
I tried Tetris Ultimate ONLINE with Sky3DS. BANNED. Went into my Pokemon AS game, not banned.
So it is GAME SPECIFIC. NOT USER ACCOUNT.
And the bans will last from 16-30 days depending on your crime. But eventually, they unBan you. Just don't keep doing it or they will catch on.
Otherwise... ENJOY YOUR SKY3DS!!! (at least it works!)