Unfortunately it sounds like you may be in a bit of hot water. The only proper way around a disabled iPod is to restore it. This will wipe all data. Its always important to have a regular backup. And if its really important, a backup of your backup of that backup stored off site.
Im not positive that iTunes will let you restore it unless you put it in recovery mode or DFU mode. Both of these would require the home button working. The home button itself is very inexpensive and not too difficult to replace. See the guides here
[guide|9828]
Hope this helps!