Constant Software Glitches

Okay, so i'm stuck in a little bit of a dilemma. I bought the iPhone 4S 16GB AT&T back on October 29th instead of the iPhone 5 (It wasn't available at ALL and AT&T had a 4 week waiting list and I was a bit impatient since I needed a new one for work ASAP).
About a month ago (January), very, very, strange glitches started happening with my iPhone, both with the software and the hardware! My phone has constantly told me that it's overheated when it clearly hadn't been since I wouldn't have used it or it would've been lying on my desktop for several minutes. I have also had several apps CONSTANTLY crash, even the default Apple apps installed on the phone. Just recently, it bricked on it's own and I've never fiddled around with it. I had to completely restore it in DFU mode and everything! And now it's constantly freezing and my sleep and home buttons have been becoming less reponsive.
So far, I have had to restore my iPhone 4S 12 TIMES since the beginning of January!!! It is now running iOS 6.1 and i'm STILL experiencing the same issues I had with iOS 6.0 and 6.0.1!
All my restores have been clean installs, set up as new iPhone, and installed everything from scratch. But, my main concern is my contract termination fee since I might have to return it to get it fixed or replaced?
What should I do since my contract is NOWHERE near to being up? I don't want to pay several hundred dollars to terminate the contract and still pay for a new phone!
Should I take the phone to Apple or AT&T and explain the situation and mention I would've purchased the 5 if there wasn't a waiting list? Or should I just deal with the hassle?
What would happen?
Would I receive a replacement iPhone 4S or could I haggle down the price of an iPhone 5, or even convince them to give me one for free? Is it possible for them to waive or dismiss a termination fee because the phone is extremely unstable and practically unusable on a regular basis?
I've never had a problem with any Apple products, coming from a proud owner of 2 iPads (1st gen and 3rd gen), a MacBook (2011), iMac (2012), and numerous iPods over the years. I've never had to deal with anything like this from Apple or any other phone for that matter!
Yet what's been happening is really starting to get on my nerves! I'm starting to lose hope in this! If I can't get this fixed, i'm seriously considering switching to a Galaxy S III, because i've always trusted Apple and i've always had great customer support and service, but this is just ridiculous and utterly dissapointing! I will gladly pay the money to switch if I cannot get this situation resolved, because i'm just frustrated!
Can anybody help me please? Anything would be greatly appreciated! I really love Apple's products, but I really don't want to have to switch because I love the iPhone and Apple.

galleherjazz, a little research would tell you a lot.  Palm sold the rights to Palm Desktop years ago to a company called "Access" from Japan.  It was their responsibility to come up with a version of Palm Desktop that works with Vista.  They produced one version, then updated it to 6.2.2 to fix some bugs.  After that, they abandoned the project!  Palm Inc. moved on to a wholly new operating system (webOS).
"Palm programmers" had nothing to do with the decisions made.   Access' version came with no color categorization.  Pleas for improvements and bug fixes have fallen on deaf ears.
Palm Inc. appears to have no interest in supporting Windows 7 with their legacy (read: discontinued) devices.   Any hope for 64-bit USB compatibility appears to be gone. 
WyreNut
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