ipod touch 7th gen terms and conditions

Unable to send messages on ipod touch 7th generation. Been working fine for 2 years. All of sudden yesterday, it will not allow the iPod to connect to iCloud. Every time we try to accept the new terms and conditions, it dims the screen and and takes several minutes to come back and say it is "unable to complete". This started a month or so ago, but I've read the help articles that say to update to current iOS and it is current for the iPod Touch. It can't get anymore updated. So we just kept using it and it was working fine. Am I stuck with a touch that no longer sends messages or is there a workaround?