Can My Xbox Play Live?

ok. i have an xbox 360 pro. it has the harddrive flash mod, i've updated it and everything it'll update and connect to live no problem, it plays burnt games. even updates burnt games. im a xbox live silver right now. and i know the mod i have is good. but would the xbox get banned, i mean i've played cod waw nazi zombie online once and nothing happened, but before i spend money on a member ship i wanna know if anyone else has this mod, its the one for the philips and lite on drive. so far. i mean i've downloaded demos game add-ons playing nazi zombie on live. talked to friends. installed new updates. and the mod is still on and works fine. so anyone else with this mod. is it safe to play on live?

Suggestion:

if u mod it u will eventually get banned, they ban people at the start of the holidays normally so if u can i would wait until affter new years if u have a modded console as the ban wave should start soon as if has for the last 3 years like clockwork from early september through january

at josh, how u would u get finned, modding is not illegal and u only get banned since its against the TOS but that might not even be legal anymore since the DMCA was updated to allow for jailbreaking and modding will let u run unsigned code so its like jailbreaking and the iphone is a gaming device and a communication device like the 360 is they might not beable to ban permanently

edit- if u get banned the console cannot connect to live, there is nothing really good on live anyways since shooters work better on the PC and ps3 is better at every other kind of game that the 360 has