Q: brand new bought today trying to set it up but my  ipod touch 5th gen wont activate

These should be applicable

Try:

- Powering off and then back on your router.

- iTunes for Windows: iTunes cannot contact the iPhone, iPad, or iPod software update server

- Change the DNS to either Google's or Open DNS servers

Public DNS — Google Developers

OpenDNS IP Addresses

- For one user uninstalling/reinstalling iTunes resolved the problem

- Try on another computer/network

- Wait if it is an Apple problem The follow repots no Apple problem

http://www.apple.com/support/systemstatus/