iPod touch iPod Touch Firmware won't download?

I got a refurbished iPod Touch (calling it this because people bugged me about it last time I posted) and it came with 3.1.3 firmware installed, I decided to try and jail break it with greenpoison. That didn't work for some reason so I decided to restore it and update it. So I tried to download the new firmware several times through iTunes and it wouldn't download. At the end of the download it would ALWAYS say that the network connection timed out, but my internet's up and running and I've been watching youtube on it while restoring my iPod Touch. Could I return it to apple?