Will I Get Banned from Xbox Live?

So my xbox 360 is modded and i want to play call of duty online except this call of duty is not a burned game…. i bought it at the store.What i want to know is if I'll still get banned because my xbox is modded or i can still play online as long as the game is not burned?

Suggestion:

If your Xbox has a modchip or other physical hardware modding device, you will get banned if it's operating at the time you go online. If you have a software mod, you will get banned will you go online. If you can disable your modding technology in any way so the Xbox operates 100% normally, it will be safer to do so. If in doubt, find a non-modded Xbox.