i got locked out of my ipod what can i do with out restarting it?

Hello,

If you don't remember the passcode you can only restore the device. If you restore it with the computer that the device was synced you shoud not have data lost but if you will do it with an other computer your data will be lost.

http://support.apple.com/kb/HT1212

Have you maybe a reset backup? In iTunes or iCloud that woud be realy good aswell.

Hope it helps,

You will have to restore the iPod via iTunes. That is the way it works. You may have to place the iPod in recovery mode like Pal said to allow the restore.