There are rights that can not be violated as they want

third parties are usually the game developers

The First Amendment to the US Constitution discusses what Congress cannot do.
Microsoft is not part of Congress. So, when you join Xbox Live, you enter into an agreement with Microsoft. Microsoft agrees to keep the services running as much as possible and provides your connection to its servers, and you agree to follow their rules.

Lets have a little history lesson:

The first amendment: I will even bold the text pertinent to this discussion

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

As you can see it says that CONGRESS shall make no laws abridging the freedom of speech it says nothing about a private company making rules that you agreed to abide by when signing up for their service
on their servers.

This goes beyond even online servers try going into ANY place of business in real life and see how long you stay in that establishment cursing out an employee or anyone that is there before you are asked
to leave.

We definitely understand your frustration, and we apologize for the experience. However, a few things to note from the

Xbox 360 S Console and Accessory Warranty:

• The warranty mentions: " After You return Your Xbox 360 S or Accessory to Microsoft, Microsoft will inspect it." This does not mention that Microsoft will pay for the shipping of the Xbox 360 S or Accessory.
  
• The warranty also states: "MICROSOFT’S RESPONSIBILITY TO REPAIR OR REPLACE YOUR XBOX 360 S OR ACCESSORY, OR TO REFUND THE PURCHASE PRICE, IS YOUR EXCLUSIVE REMEDY."
  This does not refer to paying for shipping, but rather the replacement of the actual console or accessory as being the remedy for a malfunction unit.
  
• If you purchased the console in the United States, the warranty is administered by the laws of the State of Washington, regardless of where you live.
  
  

Finally, this thread is construed as a "sign petition" type of thread, which are prohibited on the Xbox.com Forums, and as such this thread or any other threads of this nature will be locked. The
Forum Guidelines that all users agree to when they use the forums state:

21. Thou shall not to start any "Sign petition" threads, or "Poll" threads. Please use the boards to start conversation about ideas or thoughts on Xbox Live or games. Starting a discussion is a much more meaningful way to get get a response from the community.

Again, we apologize for the frustration, but we hope this can help clear up any confusion.

A store return policy does not override your consumer rights. Inside of 12 months your first port of call is with the store you bought the item from if it proves to be faulty.