: No matter what Frankie sez, XBL can ban you for having modded material. Your
: contract to use XBL is with XBL, not Frankie.

: I was going to make a custom theme, but someone wrote how that got them
: banned because it was considered modded material. Even on the front page
: today is a warning about modded material...

: If you want to brick your 360, lag will be the least of your problems.

However, it's the game developers that determine what is a mod in their games and what isn't.
We're not talking about modded consoles, but a modded game. Very different. To mod a game, one doesn't need a modded system to use modded content.